What to Expect During Expert Witness Testimony

Expert witness testimony plays a critical role in litigation, providing courts and juries with a comprehensive understanding of complex technical issues, helping them assess credibility, and enabling them to arrive at informed decisions. When an expert witness is called to testify, several important steps follow. Here are four to keep in mind.

Four Critical Elements of Expert Witness Testimony

1. Qualification Comes First

Before any testimony is heard, the court must determine whether the expert is qualified per the California Evidence Code and the Code of Civil Procedure. This involves reviewing the expert’s credentials, experience, and the reliability of their methods. Once qualified, the expert may offer opinions within their area of expertise.

2. Direct Examination

The attorney who retained the expert will begin by establishing their background. From there, the expert explains their methodology, findings, and opinions. The tone should be formal yet accessible. Experts are expected to simplify complex concepts without losing accuracy. Clarity and neutrality are key. Jurors must understand what the expert did and why it matters.

3. Cross-Examination

Opposing counsel then challenges the expert’s findings, assumptions, or credibility. This portion of expert witness testimony often focuses on testing the limits of the expert’s opinion, the rigor of their analysis, or any potential biases. Experts should always answer directly, remain composed, and avoid over-explaining. 

4. Staying Within Legal Boundaries

Experts don’t decide the case; they inform it. Courts may restrict testimony that strays into legal conclusions or exceeds the expert’s scope. Awareness of these boundaries protects the testimony’s admissibility and impact.

In Summary

Expert witness testimony is structured, strategic, and rooted in credibility. Whether supporting a claim or rebutting one, expert witnesses must communicate clearly, remain impartial, and withstand scrutiny. For attorneys, knowing what to expect and how to prepare is essential to presenting a strong case.

Find An Expert Witness Today