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The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise.

Expert discovery is the period of time during which the parties exchange information about what the experts will say. This exchange usually occurs by deposing the experts. Expert discovery in complex cases can last several months. Once both stages of discovery are complete, the Court will set a trial date.

Expert witnesses play an essential role in most complex commercial litigation, providing critical testimony to link the testimony of lay fact witnesses with causation or liability. For that reason, expert witnesses are a critical part of your trial team necessary to make your case.

Who decides whether expert witnesses can testify in court? The judge. Lawyers for each side will submit lists of witnesses to the judge and each other and the judge will decide.

The best way to increase your chances of finding the right expert is through an exhaustive search approach. Seek out local university departments, consulting firms, and organizations that provide access to experts. Consider tapping into your own professional networks and those of your clients.

California courts are currently divided on how to designate retained experts versus non-retained experts.A representation that the expert agrees to testify at trial. A statement that the expert is familiar with the case and will give a meaningful deposition about their testimony, opinions and basis for those opinions.

The expert affidavit is a signed document explaining why there is a reasonable chance the medical professional in question did not operate within accepted medical standards when he or she provided you treatment.

In the federal courts, judges determine the credibility of expert witnesses in a pre-trial Daubert hearing. See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). In considering witnesses' qualifications, judges may consider information that is not admissible as evidence.

Expert witnesses are important to many cases. They help jurors understand complex and nuanced information, they provide a sense of objectivity and credibility, and they integrate with the legal team to enhance the strength of the entire case.

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