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Elements of Expert Testimony

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This article originally appeared in Minutiae, the Lightning Powder Co. Newsletter, #44, Sep-Oct 1997

When offering testimony as an expert witness, regardless of the witness' discipline, five distinct topic areas must be covered. These five areas are the witness' qualifications, the science practiced by the witness, the introduction and chain of custody of the evidence, the analysis or examination process, and the expert's opinion. By adequately covering each area in sequence, the witness will five the judge or jury all of the information necessary to understand the opinion presented.

The first area of testimony should always be the witness' qualifications. There are three ways to prove you are qualified. The first is by explaining the training you have had. Include formal education, such as college, as well as specialized classes in the science completed. The second way of proving your qualifications is through experience. Talk about how many years you have been doing the job, or how many cases you have examined. The third way of proving your expertise is through explaining how you have been tested and found competent. There are several ways you may have been tested. A test for certification in your field is one. Annual proficiency testing by your lab is another. Previous testimony itself is a way of showing that you have been found competent by the courts.

Last Updated on Sunday, 27 September 2009 19:52 Read more...
 


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