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Expert Witness Services
What is an Expert Witness?
What is Litigation?
What type of experience should my expert witness have?
What is an Expert Witness?
An Expert Witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects.
Definition from The Free Dictionary
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What is Litigation?
Litigation is the process of taking a case through court. The litigation or legal process is most common in civil lawsuits. In litigation, there is a plaintiff (one who brings the charge) and a defendant (one against whom the charge is brought).
To litigate is to file a charge against someone and bring a case to court.
The alternative to litigation in business cases is arbitration.
Definition form About.com
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What type of experience should my expert witness have?
The expert testifies because he or she has knowledge, skill, experience, training, or education, and has expertise that may be meaningful to a party in attempting to prove its side of the case. An expert testifies voluntarily by agreement with one of the parties or the court.
Before one can testify as an expert witness, the qualifications of the individual as an expert must be established. No single credential provides a universal basis to qualify one as an expert. One looks at many factors, such as the area of educational specialization and whether any graduate degrees were obtained. Also, extensive, meaningful work experience is considered.
Work experience may be of many types. In addition, publications, patents, honors and awards, positions in professional associations (including relevant committee work), as well as all other factors that support the person's status as an expert are also considered.
From an attorney's standpoint, an expert is also evaluated on his or her skill as a witness. An attorney would evaluate the expert's ability to use good judgment in analyzing facts, express him- or herself clearly, express complex material in a fashion that readily can be understood by those who do not have expertise in the field, and handle intense cross-examination by opposing counsel. Description from JOM.
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