Qualifying as an Expert Witness in the Federal Courts

Phil Pettis is from Portsmouth, New Hampshire, and has been practicing law for more than 20 years and serves as a partner with Boynton Waldron. During his career, Phil Pettis has worked with expert witnesses from many fields in both state and federal courts. Federal rules govern what qualifies someone to be an expert witness in a federal case.

Often during a trial, lawyers from either side will bring in an expert witness with the goal of explaining complicated scientific or technical information to the judge and jury. Not just anyone can claim to be an expert in something, and in the federal courts, rule 702 governs what qualifies someone to be an expert witness.

Rule 702 of the Federal Rules of Evidence has been modified numerous times over the years, but it has remained essentially the same. The rule states that if someone is considered an expert witness in their field through knowledge, skill, experience, education, or training, they can give testimony that is considered opinion to help either the prosecution or the defense explain facts as they argue their case before the jury. This testimony will qualify if the expert’s knowledge will help the judge or jury understand the evidence or determine a fact, if it is based on sufficient facts or data, or if it is the product of reliable principles, and those principles have been applied by the expert.