Optimizing Your Engineering Expert Witness's Testimony # 2
In Get the Most From Engineering Experts, Christopher L. Brinkley writes on how thorough preparation of engineering expert witnesses is the key to winning your case. In this excerpt Brinkley discusses challenges you may face regarding their expert witness testimony.
As a threshold matter, engineering experts must satisfy the jurisdiction's criteria for the admissibility of expert testimony and must support their work accordingly. In the federal courts, Federal Rule of Evidence 702 and the Daubert trilogy of cases provide the prerequisites for admissibility. Under Daubert, expert evidence must be relevant and based on sound reasoning and methods. To determine if an expert's analysis is reliable, the trial court must consider whether the underlying methodology has been tested, has been subjected to peer review and publication, has an identifiable error rate, has standards controlling the application of the technique, and has been generally accepted in the field.
Excerpted from Trial Magazine, November 2007