New York Jury Instruction — 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income Expert witnesses play a critical role in legal proceedings by offering specialized knowledge and opinions to assist the jury in understanding complex issues. In certain cases in New York, where expert witness fees represent a significant portion of the witness's income, special considerations come into play. This instruction aims to provide guidance to the jury in such situations, ensuring fair and unbiased decision-making. When expert witness fees constitute a substantial portion of an expert's income, it is essential for the jury to take this into account during their evaluation. The financial stakes involved may influence the witness's motivation and potentially impact the objectivity and credibility of their testimony. Recognizing this potential bias is crucial to ensuring a fair trial. It is important to note that this instruction does not automatically discredit or question the testimony of such expert witnesses. Rather, it serves as a reminder for the jury to exercise caution and engage in a thorough evaluation process. Different types of situations where expert witness fees represent a significant portion of the witness's income may include: 1. Expert Witnesses in High-Stakes Civil Cases: In complex civil litigation, where damages sought are substantial, expert witnesses may derive a significant income from their testimony. The jury must carefully weigh the credibility of the witnesses' opinions while considering their financial interests in order to arrive at an impartial verdict. 2. Expert Witnesses in Patent Trials: Patent infringement cases often rely heavily on expert witnesses who possess specialized knowledge in technical fields. These witnesses may earn a substantial income from their work, leading to potential bias or conflicts of interest. Jury members must critically assess any potential influence the witness's financial dependence may have on their testimony. 3. Medical Expert Witnesses in Personal Injury Cases: In personal injury litigation, medical expert witnesses can play a significant role in establishing causation, severity of injuries, and future medical needs. Some medical experts earn a significant portion of their income from providing expert testimony. In such cases, the jury should be aware of the potential financial incentive, ensuring an objective evaluation of the expert's opinions. In conclusion, New York Jury Instruction — 5.2 addresses situations where expert witness fees represent a significant portion of the witness's income. By highlighting the potential bias that may arise due to financial dependence, this instruction encourages the jury to exercise caution and thoroughly evaluate the credibility and objectivity of expert testimony. By doing so, the goal is to ensure fair and unbiased decision-making in complex and high-stakes legal proceedings.