Expert witnesses are recognized by courts as authorities on subjects beyond the average person’s knowledge. They provide factual information and analysis relevant to a case. Some specialize in providing testimony, while others offer fact-finding services. Professional associations exist for expert witnesses, but membership is not required. The more qualified a person is, the more desirable they are as an expert witness.
An expert witness is someone who is recognized by a court of law as an authority on a subject who has knowledge beyond that accessible to the average person. To be accepted as an expert witness, the witness must generally present his or her qualifications at the podium so that the judge and jury understand what distinguishes the witness from other witnesses. Rather than testifying on legal matters, expert witnesses provide factual information and analysis that can be useful for a case.
Expert witnesses may have experience, training, skills or education not common to the general public. A doctor, for example, is usually treated like an expert witness on the witness stand because not everyone has the benefit of medical training and practical experience as a doctor. Many experts provide scientific and technical information. For example, a meteorologist might provide information about a storm system relevant to the case, or a mechanical engineer might discuss the function and failure of a device involved in a case.
Some expert witnesses specialize in providing testimony, which is usually given after the witness has reviewed the relevant material and gathered factual information. These witnesses may be cross-examined by both the defense and the prosecution, and the opposing side may choose to bring in their own expert witness to rebut the original witness’s testimony.
Others may offer fact-finding services without testifying. A defense attorney, for example, might ask a forensic psychiatrist to examine the defendant and offer professional advice that can contribute to how the attorney shapes the case. In these cases, the interactions between attorney and expert witness are protected by confidentiality, but if an attorney brings information prepared by the witness to court, that witness could potentially be called to the witness stand.
Several nations have professional associations of people who serve as expert witnesses. Members of these organizations generally submit their qualifications for acceptance and agree to be listed in public directories made available to the legal community so that lawyers can find experts in various subjects. Witnesses do not need to belong to that organization to be treated as expert witnesses.
Typically, the more qualified a person is, the more desirable they are as an expert witness. People working in high-profile positions at organizations and institutions that set the standards in the skills sector are generally more sought after, as are witnesses with extensive publications to their name.
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