Expert evidence is critical on many summary judgment motions. Experts in various professions and fields provide opinions in an effort to establish entitlement to or defeat summary judgment. The affidavit1 of an expert has probative force only if it contains several elements. The absence of any one of these elements will result in an affidavit being labeled by a court with one or more unflattering adjectives, such as “conclusory,” “speculative,” or “unsupported.” To avoid the smearing of an expert’s affidavit (and an adverse decision on the summary judgment motion), counsel should ensure that her expert’s affidavit contains the following elements.
Qualifications
The expert’s qualifications to render an opinion on a matter that is beyond the understanding of the ordinary juror is what separates an “expert” from other witnesses. Without the appropriate qualifications, an individual cannot provide an expert opinion on the subject of a litigation. Therefore, job one in preparing or reviewing the proposed affidavit of an “expert” is to ensure that the relevant credentials and bona fides of the witness are stated in the affidavit.
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