Can Expert Witnesses Testify from a Different State?

When attorneys search for the right expert witness, the best fit isn’t always nearby. It’s common to consider an expert from out of state, especially if the case involves specialized knowledge. Can an expert witness testify if they reside and/or their primary place of business is located in a different state? The short answer: yes—but there are important considerations to keep in mind.

Courts Allow Expert Witnesses from Out-of-State

Expert witnesses are not required to either reside or have their primary place of business located in the state where the case is being tried. Courts routinely allow testimony from out-of-state experts, provided the expert is properly qualified and their testimony is relevant to the issues in the case.

Key Considerations Before Hiring an Out-of-State Expert

• Licensing Requirements: Some states, especially in medical malpractice cases, require the expert to hold an active license in that state. It’s important to confirm these rules early to avoid disqualification.

• Credibility with the Jury: Jurors may place more weight on testimony from a local expert who understands state or community standards. Out-of-state experts can still be persuasive, but attorneys should prepare them to address questions about local practices.

• Travel and Scheduling Logistics: An out-of-state expert may need to appear in person for deposition or trial, which can add costs for travel and time. Virtual testimony is increasingly accepted, but not always guaranteed.

• Familiarity with Local Rules: Each state has its own procedures for expert disclosures, depositions, and testimony. Attorneys should ensure their expert is prepared for how things work in that jurisdiction.

Top 3 Benefits of Using an Out-of-State Expert

1. Access to highly specialized expertise not available locally.

2. Fresh perspective on industry standards or best practices.

3. Ability to demonstrate independence from local industry relationships.

Practical Guidance

If you’re considering an expert witness from another state:

1.      Confirm whether licensing or local practice rules apply.

2.      Discuss expectations for travel or virtual testimony upfront.

3.      Prepare your expert to address any questions about local standards.

The Bottom Line

Yes, experts can testify from a different state. The key is making sure they meet any licensing requirements, can effectively connect with the jury, and are well-prepared for the local rules of the court. 

At Sutton Pierce, we provide access to highly qualified experts nationwide. From California to New York to Texas and beyond, our expert witness network spans every region of the country—ensuring attorneys have the right expertise available, no matter where their case is being tried.

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