I was asked to write a report and testify in a court case as an expert witness. It came as no surprise that the defendants moved to exclude my testimony and report. The United States District Court for the District of Kansas in MDL No.1840, Case No. 07-1840-KHV
set out the legal standards for an expert witness in their ruling.
The Court wrote:
Federal Rule of Evidence 702 provides as follows:
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.
A couple of interesting parts of the ruling are:
Experience matters...
"Indeed, “the text of Rule 702 expressly contemplates that an expert may be qualified on the basis of experience. In certain fields, experience is the predominant, if not sole, basis for a great deal of reliable expert testimony.”
The Expert Witness can offer an opinion, but there are limits...
"An expert may offer an opinion even if it “embraces an ultimate issue to be determined by the trier of fact.” Fed. R. Evid. 704. But an expert may not simply tell the jury what result it should reach."
In case you're wondering the court did rule that my testimony and report could be used. You can read the entire ruling to learn more about being an expert witness MDL No. 1840
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