Giving Expert Testimony At Trial
One of the key roles of an expert in legal cases is testifying in court. There are a few guidelines to learn about the mechanics of delivering your expertise in a courtroom setting. Following these tips will also help you present yourself as a credible authority to the jury during your expert testimony.
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- Expect questions about your profession. In discussions with the hiring attorney, ask what the technical issue is that they want you to testify on at trial. An understanding of the subject matter and required credentials will help when opposing counsel asks about your profession and qualifications.
- Stick to the facts. You’re there to help the jury understand a topic that is complicated and technical. It’s important to avoid straying into implying or stating a legal conclusion. This is not the expert’s job.
- Prepare for cross-examination. Study the opposition’s experts’ depositions and any testimony. If there’s a lag of time between when you testify and the cross-examination, review your own testimony too.
- Keep things simple. When you testify, it’s best to assume the jury is unfamiliar with the technical topic in your expert testimony. Simplify complexity by breaking concepts down into smaller parts that are easier for the jury to absorb. The last thing you want is to lose their attention or leave them in a confused fog during your expert testimony.
- Be aware of body language. How you testify is as important as what you say. Aggressive gestures or an overly loud voice can shut juries down from listening to you. Keep eye contact for a few seconds with a juror or two as you speak to develop trust. In cross-examination, a jury will be aware of you crossing your arms in a defensive posture. This body language may make them think you aren’t telling the truth or that you are unreasonable.
Read more about giving expert testimony at trial here.
Laws That Govern Expert Witness Testimony
Understanding the laws that govern expert witness testimony can help experts clarify their approach. Each state has its own state court rules governing expert witness testimony. Many, but not all, states pattern these rules on the Federal Rules of Civil Procedure (FRCP). These rules were clarified in a legal proceeding and have come to be known as the Daubert Standard.
The Daubert Standard articulated a standard for evaluating scientific or technical knowledge admitted as evidence in a court case. Daubert hearings are pretrial hearings that determine whether an expert’s work meets this standard. Expert witnesses are most likely to survive a challenge if their opinions:
- Are based on longstanding principles applicable in their field
- Focus on the facts and data available
- Clearly indicate where information is missing that might affect the outcome of their analysis
Focusing on these elements helps experts avoid expressing their opinions in unhelpful or inadmissible ways. For example:
- Avoid speculating about “what would have happened if…”
- Resist the temptation to apply new, untested, or emerging techniques
- Remember that the work is about your professional opinion, not your personal opinion
Read more about the laws that govern expert testimony here.