More often than not in complex litigation today, expert testimony may be required. Remembering a few rules can greatly help in getting the greatest benefit from experts or, conversely, effectively cross-examining an opposing expert. There are three general areas of expert evidence: pure opinion expert evidence, scientific expert evidence and nonscientific expert evidence.
To achieve maximum benefit from an expert witness or to be most effective in cross-examination, certain preparatory steps are useful. First, of course, is to determine the standards for the admission of expert testimony in the particular jurisdiction and forum involved. The federal courts are governed by Federal Rules of Evidence 702 and 703 and the trilogy of Daubert v. Merrell Dow Pharm. Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999).
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