How and when is a person declared to be an expert witness?

Please answer quickly, I have to turn in this test by tomorrow morning! Thanx!!!!

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  • 1 decade ago
    Favorite Answer

    The Judge makes the call, simple based upon testimony

    by the selected expert before they testify to the jury.

    "hired gun" is a better term ;-)

  • 1 decade ago

    Well, expert witnesses are pursuant to Federal Rule of Evidence 702 [this applies only to federal courts, however, most states have adopted the FRE in substantial form, although California and New York have considerable differences]. The Rule is provided below.

    First, the when: experts can be used if "scientific, technical, or other specialized knowledge will assist the trier of fact." This requirement is relative to the probable knowledge of the jury - if they are unlikely to have certain knowledge that the expert can help them understand, then it arguably is allowable to have an expert.

    The How (in a nutshell): The proponent of the expert must demonstrate, by a preponderance of the evidence pursuant to FRE 104(a), that the expert will be helpful, is qualified by "knowledge, skill, exp, training, or education" [note, this does not require any specific formal education or training...a simple farmer from Iowa might be an expert if he has farmed all his like and is knowsabout a subject the jury needs assistence on]. The judge decides if the expert is qualified. His decision to qualify an expert is reviewed on appeal only for abuse of discretion, which is a tough reviewing standard and very deferential.

    Hope this helps

    Source(s): FRE 702: "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case."
  • 1 decade ago

    Normally in most states, the courts will declare a person an expert in their field if there is documentation to support it or both sides agree they are expert.

  • 1 decade ago

    They have a degree in that field and have practiced in that field for over ten years

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