Phases of a Lawsuit
As an expert witness, it’s good to have a basic understanding of the different phases of a lawsuit. Insights into the legal process and procedures will help you see your role in the larger context of a lawsuit.
- Complaints and Answers: To begin a lawsuit, the plaintiff must submit a complaint, which lays out their claims against the defendant. Defendants are then required to file a response to a complaint called an answer.
- Motion to Dismiss: Defendants may file a motion to dismiss, which is a formal request for a court to dismiss a case..
- Summary Judgment: Defendants or plaintiffs often file a motion for summary judgment. The party filing summary judgment is asking the court to enter a judgment in their favor without a trial.
- Discovery: During this phase, parties ask the other side to provide them with relevant documentation. As an expert, you may also be deposed during these proceedings.
- Remedies: The request by a plaintiff for some type of remedy such as compensation, restitution, or for the defendant to refrain from doing a certain action.
- Appeals: Litigants may file an appeal to the next level court arguing that a lower court judge made an error of law in their case. They ask the higher court to overturn the ruling and send it back to the lower court for another opportunity to correctly apply the law.
Read more about the phases of a lawsuit here.
Qualifying as an Expert
Expert witness opinions and testimony are governed by the Federal Rules of Evidence (FRE) 702. Rule 702 lists specific definitions of the qualifications of the expert witnesses and the level of admissible testimony. An expert only meets the standards of a reliable expert witness when they satisfy all of the four primary pillars defined in the FRE 702.
1) Qualifications: In order to be admissible, an expert witness must:
- Practice in a profession relevant to the issue of the case
- Be skilled in their particular profession
- Have specialized knowledge through training, education, or practical experience
2) Reliability: To be considered reliable, an expert’s opinion must be based on:
- Sufficient data and factual information
- Accepted principles and methods that are commonly used in the field
- Appropriate application of accepted principles and methods
3) Helpfulness: An expert must be able to add value to the case by assisting the judge and jury. Therefore, the expert testimony must:
- Provide a reliable opinion to help the fact-finders reach a conclusion
- Include valid scientific connections pertaining to case evidence that was not previously apparent
An expert is not considered helpful if his or her assumptions do not apply to the facts of the case. The expert must provide information that is new and not obvious to the jury, making sure that there is no analytical gap in their reasoning.
4) Foundation: The expert’s opinion must be based on foundational facts agreed upon by other experts in the same field. The facts from which the expert derives their conclusion must be accurate and pertinent to the issue of the case.
Read more about qualifying as an expert here.