Montana Expert Witnesses

You can force the opposing expert, on cross-examination, to disclose the bases of her opinion, and, if it is based on inaccurate or incomplete information, then the jury should discount her opinion.

One of the best ways to find an expert witness is by familiarizing yourself with resources available in your desired expert's subject area. Reading through peer-reviewed publications, trade association websites, or articles geared towards the practice area will help you thoroughly search for and vet expert candidates.

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.

When the expert witness does the same, he or she is considered biased. If the evidence or opinions are not helpful or persuasive to the judge or jury, they are given less weight than usual. However, when the expert has become swayed by evidence, injury or the defending party, he or she may be disqualified in the case.

The witness must be competent in the subject matter. They may be qualified through knowledge, skill, practical experience, train- ing, education, or a combination of these factors. Minimally, the expert witness must know underlying methodology and procedures employed and relied upon as a basis for the opinion.

An expert is somebody who has a broad and deep competence in terms of knowledge, skill and experience through practice and education in a particular field.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.

Rules about expert witnesses are set by state and federal rules of evidence, depending on whether your case is in state or federal court. According to the Federal Rules of Evidence, a qualified expert witness is someone who has knowledge, skill, education, experience, or training in a specialized field.

Average rates. After compiling expert witness fee data from more than 35,000 cases, we discovered that the average rate for initial case reviews for all expert witnesses is $356/hour, the average rate for deposition appearances is $448/hour, and the average rate for trial testimony is $478/hour.

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.