![]() ![]() In both criminal and civil proceedings in federal court, if you decide to consult with an expert, and later decide the expert will testify, you can convert the expert from a consulting expert to a testifying expert by disclosing certain things, to be discussed in detail below. Proceed With Caution – You Can’t Un-Ring the Bell However, that doesn’t render them useless. In either event, your expert won’t be testifying. It is entirely possible that, after reviewing the file, your expert will conclude the other side’s expert got it right, or that the other side’s expert came to the right conclusion, even though they relied on incorrect data or an improper technique to arrive at their conclusion. It’s unlikely you will know for certain if you are going to put your expert on the stand in either a civil or criminal case. ![]() Finally, even when in the same jurisdiction, the rules may be different for civil versus criminal cases. Will your expert merely consult? Or do you plan to have them testify at trial? Additionally, consideration must be given to jurisdiction. Because of this variation, it is a good idea to put some thought into what kind of expert best suits your client’s needs. ![]() However, the rules for disclosure of expert witnesses differ depending on the type of expert you elect to retain. If you are using an expert in your case, you may or may not, be required to disclose the witness. ![]()
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