Qualifications to be an expert witness. The requirements to be an expert witness can be broken down into two categories – the legal requirements for being an expert witness and, perhaps, more importantly, the practical requirements for being an expert witness.
Qualifications To Be An Expert Witness
Legal Requirements for providing Expert Witness Services
The legal requirements for becoming an expert witness are relatively minimal. Expert witnesses must have knowledge, skill, experience, training, or education, which should help understand the evidence or determine a fact in an issue. Different jurisdictions may have different ways in which these requirements can be met. Usually, these involve having required certifications or professional association with an institute as dictated by laws of the relevant jurisdiction.
Practical Requirements for providing Expert Witness Services
The practical requirements for serving as an expert witness are far more extensive. Some of the practical expert witness requirements include demand for the area of expertise. The areas of expertise need to be ones that litigators are looking for. Other applicable requirements include the ability to consistently meet and beat deadlines. Moreover, a competitive spirit and commitment to excellence are also required. Expert witness services should not be provided half-heartedly.
An expert witness should have a schedule that is somewhat flexible to allow for depositions and trial appearances; having enough free time to be able to turn in assignments on deadline – this may necessitate working nights and weekends. The opposing side will make it their mission to challenge the work and credentials, so communication skills must be good. Expert witnesses lacking verbal and written communication skills are useless.
Who Can Be An Expert Witness?
State and federal rules of evidence govern expert witness rules, depending on whether your case is in state or federal court.
A qualified expert witness is someone who has knowledge, skill, education, experience, or training in a specialized field, according to the Federal Rules of Evidence. These qualifications are usually required of expert witnesses in state courts as well.
Experts must base their testimony on sufficient facts or data of the type reasonably relied on by experts in their field, according to federal rules, in order to help the jury understand issues that typically require specialized knowledge. Non-expert witnesses can only testify about what they’ve seen or heard, whereas expert witnesses can generally give their specialized or professional opinion.
States have similar rules, though there are notable differences when it comes to expert testimony admissibility.
Final Thoughts
The witness must be knowledgeable about the subject. They may be qualified as a result of their knowledge, skill, practical experience, training, education, or a combination of these factors. The expert witness must understand the underlying methodology and procedures used and relied on as the basis for the opinion. The background knowledge includes cutting-edge technology, a review of the literature, and experience, culminating in an opinion with a reasonable degree of scientific certainty.
However, there is no hard and fast rule regarding the level of knowledge required to qualify a witness as an expert in a particular field. After competency has been established, a witness’ knowledge of the subject matter influences the weight and credibility of their testimony.
