Expert Witness Testimony in Utah
Some trials benefit from the inclusion of an expert witness. Many lawsuits in Utah are resolved through offers of settlement. Others are considered by a judge. An expert witness in Utah has subject matter expertise in a certain field of study, trade, or practice. They are hired by the law firm’s client to testify at trial about topics in which they are experts.
Before deciding to engage an expert witness, it is worth the effort to identify and hire the most qualified expert for the case. It is essential to know that the expert witness’s testimony is both persuasive and admissible.
Qualified Expert Witness in Utah
A qualified expert witness in Utah is someone who has the education, knowledge, training, experience, or skill needed by the judge and/or jury to comprehend the evidence or is best able to discern if the evidence is true or false.
To know if someone is an expert that is relative to the evidence at trial, they must clearly understand the methods and principles to be used in the courtroom. (Utah Rules of Evidence, Rule 702) The opposition is provided to object to the witness’s expert status and may call another expert witness in that instance. That is the reason you must know if the expert witness is a qualified expert at the start.
Engage the Expert Witness in Utah
In Utah, the client must officially engage the expert witness. Their information is then shared with the other party about the required deadlines in Utah. Preliminary, the client must disclose the expert witness’s publications over a 10-year period, their educational qualifications, and a disclosure about how much the expert is being paid.
Thereafter, the opposing side may seek to depose the expert witness or request that the expert offer a written report about the anticipated testimony. By preparing a written report, the expert helps both parties and the trial judge to consider the preliminaries of the case.
Admissible Testimony of the Expert Witness
The judge may prohibit the expert witness from offering testimony even if they are an exceptional resource in the field. For instance, the expert may depend only on those methods and principles that the state of Utah deems reliable under Rule 702.
In the past few years, the Utah Appellate Courtruled that expert witness’s testimony in a case should not have been admissible. The experts used faulty data and facts in testimony. Although the expert witness’s background, experience, and education were impressive, the court determined that the expert witness’s testimony could not be admitted by the court.
Persuasive Expert Witness Testimony
It is difficult to predict when and in what circumstances an expert witness’s testimony will persuade the judge and jury. In general, the expert should have a good reputation as an unbiased, fair expert witness. Their resume or curriculum vitae (CV) presents the expert witness’s special understanding and knowledge of the trial topic. Identifying an expert witness requires strong connections and sound advice from a knowledgeable Utah expert witness attorney. Call Terry Spencer at TR Spencer & Associates at 801-566-1884 or email info@trspencer.com to discuss.