In Both US federal courts and California state courts, a witness can be an expert based on their knowledge, skill, education, training and experience in a specific field. The expert’s opinion must be based upon sufficient facts or data and reliable principles and methods. Their opinion helps a judge or jury understand complex or technical issues that lie outside their common knowledge. Let’s not forget that parties can rely on expert witnesses not only in trial but also in the pre-trial phase in order to prepare the case, by analysing thoroughly the relevant evidence and data related to the latter.
The notion of an expert witness is extremely similar between US federal courts and California state courts, there lies some differences, mainly in admissibility standards. Since US Federal Courts use exclusively the Daubert Standard (testimony relies on reliable principles and methods) to assess the expert witness’s testimony. However, California State Courts go for the Frye Standard (testimony based on scientific principles or procedures is admissible but only after a principle or procedure has gained acceptance in its specified field). It is safe to say that the Daubert Standard is widely followed in most states to admit expert witness testimonies.
In business litigation cases, depending on the nature of the case, an expert witness can be a financial expert, a construction project management expert, a technician, a cost analysis professional, an industry reporting expert, a compliance expert, or an intellectual property expert, etc.
Their role includes analyzing data, testifying about matters that require professional interpretation. Courts often rely on their insights to make informed decisions, especially in cases involving financial damages, contract interpretation, or compliance with regulations.
An expert’s credibility and ability to communicate clearly and make qualified statements can significantly impact the outcome of a case.
Before hiring an expert, there are many considerations to make about whether the expert is the right one for your case and your interests. Many experts have a large resume of accomplishments, including prestigious education and authorship in certain areas, but have a history of providing opinions contrary to the facts of your case. Those prior opinions can be interpreted as contradictions at the time of time, and leave your expert, and your case discredited and weakened.
It is important to conduct a thorough analysis of your expert, and see what side of a particular idea or concept they have historically sided with and supported. Even the books sitting in an expert’s office can have an impact on their credibility at the time of deposition or trial.
A savvy lawyer will quickly spot questionable literature, conduct proper research, and ask the expert about their opinions with respect to a particular book, treatise, or literature. These are the moments you have to try to foresee and prepare for in order to build a strong position and case with your expert.
