Article · Litigation
The Witness Who Decides the Case: How Expert Testimony Is Admitted and Excluded
- Type
- Article
- Jurisdiction
- National
- Date
- 2023-09-26
- Topic
- Litigation
In most cases that turn on a technical question, the expert testimony decides the outcome — and whether that testimony reaches the jury is decided months earlier, at a hearing most people have never heard of. This article explains how expert testimony actually works: who qualifies as an expert, what the trial judge must find before the testimony is admitted, and why the same credentials that impress a client can fail the reliability requirement entirely. It covers the Supreme Court trilogy that established judicial gatekeeping, the amendment to the governing rule that clarified what the proponent must prove, and the specific failures that get experts excluded — overreaching beyond the data, methods invented for litigation, opinions that assume the conclusion, and the gap between a general principle and the case at hand. Separate parts cover the disclosure obligations that must be satisfied, the difference between retained and non-retained experts, deposition and cross-examination strategy, and what a party can do when the other side's expert is wrong but not excludable. Examples run throughout.
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