Florida Designation of Expert
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How to fill out Designation Of Expert?
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FAQ
Specifically, Florida Statute 90.702 allows expert testimony about scientific, technical or other specialized knowledge only if "(1) the testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods ...
An expert, more generally, is a person with extensive knowledge or ability based on research, experience, or occupation and in a particular area of study. Experts are called in for advice on their respective subject, but they do not always agree on the particulars of a field of study.
A witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The standard is a minimal one. The witness need not be the best available expert or have extensive training. The expert's qualifications must be established on the record before the witness is asked to give opinions.
The court may not entertain any presumption in favor of a court-appointed expert's opinion. Any opinion by an expert may be entered into evidence on the court's own motion or the motion of any party in a manner consistent with the rules of evidence, subject to cross-examination by the parties.
With this in mind, the one expert rule (if applied to treating physicians) has the potential to limit the evidence that a plaintiff can present at trial because a patient may have seen several treating physicians of the same specialty in the course of treatment.
To qualify the expert, simply have the expert testify as to his or her background, including all degrees obtained, work experience, scientific experience, and other achievements such as awards received, books written, authoritative literature published.
The upshot of the Florida and Federal Rules of Civil Procedure is if an expert considered and/or relied on a document or communication in forming his or her opinion, that document or communica- tion is likely discoverable, regardless of whether it would otherwise be privileged.