Question

Following the completion of the investigation of a potential fraud case, you are informed by your manager that the case will be brought to trial. As part of the litigation process you will be asked to serve as an expert witness, with the results of your analysis included in the court case as evidence. As this will be your first time serving in this role, you ponder the following questions: What is the role of an expert witness in a trial? How should you prepare for your testimony? Is it appropriate for you, as an expert witness, to provide your opinion of the situation based on your analysis?

Answer 1

1) The role of an Expert witness in a trial,cab be explained as follows.

1. Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation

2. An expert witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within his expertise.

3. An expert witness should state the facts or assumptions upon which his opinion is based. He should not omit to consider material facts which could detract from his concluded opinion.

4. An expert witness should make it clear when a particular question or issue falls outside his expertise.

5. If an expert’s opinion is not properly researched because he considers that insufficient data is available, then this must be stated with an indication that the opinion is no more than a provisional one.

6. If the expert cannot assert that the report contains the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report.

7.Where expert evidence refers to photographs, plans, calculations, analyses, measurements, survey reports, or other similar documents, they must be provided to the opposite party at the same time as the exchange of reports.

2) Preparing for the testimony includes the following points.

1. Check your resume.

2. Anticipate questions.

3. Consider your relationship with the adverse party.

4. Be knowledable about the facts.

5. Be prepared for the deposition.

6. Understand the valuation analysis and how to perform calculations in that analysis.

7. Be sufficiently versed on the information in the expert report.

8. Learn everything possible about the opposing expert’s position.

9. Understand the requirements of Federal Rule of Civil Procedure 26(a)(2).

3) Its very much appropriate, as an expert witness to provide opinion of the situation based on the analysis as the judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise.