Before an expert testifies, the offering attorney must qualify them through voir dire, establishing their credentials and expertise. Opposing counsel may challenge the expert's qualifications or the reliability of their methodology through a Daubert hearing. Once qualified, the expert may offer opinions, explain complex technical matters, and educate the jury on specialized topics. Experts may rely on facts or data not independently admissible if experts in the field would reasonably rely on such information. Both sides may retain experts, and the court may also appoint its own neutral expert under Rule 706.
Attorney: "Dr. Chen, based on your twenty years of experience in forensic pathology, what is your opinion regarding the cause of death?"
Attorney: "Your Honor, we move to qualify Dr. Chen as an expert in forensic pathology pursuant to Rule 702."
Opposing Counsel: "We request a Daubert hearing to challenge the methodology underlying the expert's opinion."
Students often assume any professional automatically qualifies as an expert. The court must act as a gatekeeper, ensuring the expert's methodology is reliable, the testimony is based on sufficient facts, and the expert has applied the principles reliably to the case facts.
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
Replaced the Frye "general acceptance" test with a flexible reliability standard, establishing the trial judge as gatekeeper for scientific expert testimony.
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)
Extended the Daubert gatekeeping obligation to all expert testimony, not just scientific testimony, including technical and other specialized knowledge.
General Electric Co. v. Joiner, 522 U.S. 136 (1997)
Held that appellate courts review a trial court's decision to admit or exclude expert testimony under an abuse of discretion standard, giving trial judges broad authority.
How is an expert witness qualified in court?
An expert is qualified through voir dire — the attorney establishes the witness's education, training, experience, publications, and prior testimony. The court then determines whether the witness possesses sufficient specialized knowledge to assist the trier of fact. Opposing counsel may challenge qualifications before the witness is tendered.
Can an expert witness be cross-examined on their fees?
Yes, cross-examination about compensation is common and permissible. Attorneys ask about hourly rates, total fees earned in the case, and percentage of income from litigation work to suggest potential bias. However, expert compensation alone does not disqualify a witness.
What is a Daubert hearing for expert witnesses?
A Daubert hearing is a pretrial evidentiary hearing where the court evaluates whether an expert's testimony meets reliability standards. The judge considers factors including testability, peer review, error rates, and general acceptance of the methodology. The judge acts as a gatekeeper to exclude unreliable expert testimony.
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A speculation objection challenges testimony in which a witness guesses, conjectures, or offers opin...
A "beyond the scope" objection is raised during cross-examination when the cross-examining attorney ...
