How to Introduce Expert Testimony
Legal actions often cover issues that lay people do not have the experience and expertise to easily understand. Expert witnesses give the judge or jury the opinions of knowledgeable people in the field to help form a basis for deciding the case. If you are representing yourself in court to save money, you can hire an expert to testify for you as long as you follow the rules to get the expert's testimony into evidence.
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Instructions
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Speak with the potential expert witness. Have her review the important material in the case and write a report containing what her opinion is and the basis for it, any exhibits she will use, all cases she has been involved in during the last four years, the data she used to form her opinion and the amount of compensation she will receive for testifying. Written reports are not required for all experts. However, the exceptions are rarely granted, so you should have your potential expert write the report.
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Disclose the expert to the other party in the case at the time set for in the court's order outlining a discovery timetable. If no such order exists in your case, you must disclose the expert 90 days before the start of the trial. Send the written report to the other party.
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Call the potential expert to the witness stand during the trial.
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Ask the potential expert witness questions pertaining to his qualifications as an expert. These should include questions about education, certifications and experience in the field. Elicit as many qualifications as possible.
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Ask the judge to qualify the witness as an expert. Answer any objections the other party has. The judge will rule whether the witness qualifies as an expert in the matter.
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Tips & Warnings
Different states have slightly different rules concerning expert witnesses. Most are similar to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Check the procedure and evidence rules in your jurisdiction.
