Massachusetts Jury Instruction — 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income is a legal instruction applicable in Massachusetts courts when dealing with cases involving expert witnesses who derive a substantial portion of their income from providing expert testimony. This instruction recognizes the potential bias and conflicts of interest that may arise due to the financial dependence of expert witnesses on their fees, and it aims to guide the jury in evaluating the expert's testimony and credibility. Keywords: Massachusetts, jury instruction, expert witnesses, significant portion, witness income, bias, conflicts of interest, credibility. Different types of Massachusetts Jury Instruction — 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income may include: 1. Standard Instruction for Expert Witnesses with Substantial Fee Dependence: This type of instruction provides general guidance to the jury when an expert witness derives a significant portion of their income from expert testimony fees. It instructs the jury to carefully evaluate the testimony considering the potential bias and conflicts of interest that may arise due to the expert witness's financial dependence. 2. Modified Instruction for Expert Witnesses with Substantial Fee Dependence: In some cases, the court may modify the standard instruction by tailoring it to the specific circumstances of the expert witness involved. This modification could take into account any additional factors, such as the extent of the witness's reliance on expert fees or the importance of their testimony to their income. 3. Instruction Addressing Expert Witness Fee Arrangements: This type of instruction focuses on the specific fee arrangements between the expert witness and the party hiring them. It helps the jury consider how the nature of the payment structure, such as hourly rates, contingency fees, or flat fees, may impact the expert's objectivity and reliability. 4. Instruction on Evaluating Expert Witness Credibility: While not directly related to fee dependence, an instruction on evaluating expert witness credibility might be included in conjunction with the expert witness fee instruction. This instruction guides the jury in assessing the expert's qualifications, methodology, consistency, and the extent to which their opinions are supported by reliable evidence. These instructions aim to ensure that the jury remains mindful of the financial interests that may influence expert witnesses who depend on their fees. By providing guidance on assessing credibility and potential bias, the Massachusetts Jury Instruction — 5.2 seeks to promote a fair and impartial evaluation of expert testimony in cases where expert witness fees represent a significant portion of the witness's income.
Massachusetts Jury Instruction - 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income
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While the amended FRE 702 does not require a court to ?nitpick an expert's opinion to reach a perfect expression? of what might be supportable testimony, it ?does not permit the expert to make claims that are unsupported by the expert's basis and methodology.?
Each party selects their own expert witness, and those experts are usually paid a fee for their consultation and their testimony. Experts may be located in a variety of ways, including prior lawsuits, and online resources such as the JurisPro Expert Witness Directory.
R. Evid. 703, which permits opinions based on inadmissible evidence of a type reasonably relied upon by experts in the relevant field, Massachusetts law requires the facts or data underlying an opinion to be independently admissible, even if not actually admitted.
702, reflects Massachusetts common law. The proponent of expert testimony must establish the foundational requirements for admissibility, and the judge, as the "gatekeeper" of the evidence, must make a threshold determination that those requirements have been met before the testimony goes to the jury.
Rule 702 sets forth the overarching requirement of reliability, and an analysis of the sufficiency of the expert's basis cannot be divorced from the ultimate reliability of the expert's opinion. In contrast, the ?reasonable reliance? requirement of Rule 703 is a relatively narrow inquiry.
Unless the court orders otherwise, an expert may state an opinion ? and give the reasons for it ? without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
The median hourly fee for testifying in court for all experts responding is $500/hour. 66% of experts responding require retaining counsel to sign a retention agreement. 57% of experts responding raised their rates in the last five years.