Utah Petitioner's Fact and Expert Witness Designations and Expert Reports
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FAQ
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.
The term expert witness is used to describe a person who is called upon to testify during a trial due to his knowledge or skills in a field that is relevant to the case. For example, an expert witness may be a blood spatter analyst who can testify as to the type of weapon that was used to commit a murder.
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.
According to Federal Rule of Evidence 702, expert witnesses must have knowledge, skill, experience, training, or education which will help the trier of fact to understand the evidence or to determine a fact in issue. This is a very broad standard.
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.
Expert testimony is evidence presented through someone who has the specialized training and experience needed to talk about something that others might not ordinarily know about.Eyewitnesses are not ordinarily experts, but may be if they directly saw something associated with the case.
Unlike a fact witness, an expert is entitled to compensation for participation in the case. A key distinction between a fact witness and an expert witness is that an expert witness may provide an opinion. Fact witnesses must limit their testimony to facts in regard to evidence they may have observed or been involved.
(a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.