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To qualify as an expert witness, the forensic scientist must have a solid, documented background of education, training, and experience in the scientific discipline used to conduct the examinations, testing, or analyses about which the forensic scientist wants to testify.
A good way to begin is to introduce the expert to the judge or jury and go through the expert's resume to establish them as having an extensive background in education and work experience in the subject that you want to qualify them as in expert.
Ask open-ended questions that will allow the expert to elaborate on the most important points of testimony. Take the lead on how to engage the jury. Discuss tips with your expert on how to rephrase some technical explanations and make them easier to understand.
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.
So who decides whether an individual is qualified to be an expert witness?The court will determine whether or not the prosecutor has laid a sufficient foundation for that witness to testify about matters within the purview of an expert witness, says Heiser. The judge has the ultimate say.
Fact witnesses are involved in trials as a result of their having direct knowledge relevant to the issues in a case.An expert witness is not called to testify because of prior involvement in activities that precipitated the litigation.
An Expert Witness willProvide the opinion in the form of a report and/or evidence before a Court (or other tribunal) as required. The report is required as it is not usually possible for the Expert to give evidence without it.
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.