Pennsylvania Jury Instruction - 5.1 Expert Witnesses General Instruction
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FAQ
The direct examination of experts can be divided into four stages: (1) qualifying the witness as an expert; (2) establishing the basis for the opinion; (3) eliciting the opinion; and (4) explaining the opinion. 40 A good examination of a witness will follow this sequence.
The test to be applied when qualifying a witness to testify as an expert witness is whether the witness has any reasonable pretension to specialized knowledge on the subject under investigation. If he does, he may testify and the weight to be given to such testimony is for the trier of fact to determine.
On direct examination, however, the prohibition on leading questions puts the lawyer in the position where the success of the examination is much more dependent upon the ability of the individual witness to listen, understand and respond to questions.
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.
At the outset, an attorney should review a potential expert's qualifications and experience to make sure that the expert has substantive expertise in the relevant subject matter and no prior reports or testimony conflict with the case the expert is currently being considered for.
Anatomy of a Direct Examination: The Basics Call the witness with a formal request. ... Choose an organizational structure to use. ... Introduce the witness's background. ... Ask open ended questions. ... Do not ask leading questions. ... Ask questions which allow the witness to tell the story. ... Use transitions between points.
A witness who is qualified by the court as an expert in a particular field may assist the judge or jury in understanding a method or technology at issue, interpreting results of scientific tests, or offering opinions based upon the evidence in the case.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.