Also known as: specialists · specialist’s · expert · expert witness
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A lawyer certified by an organization approved by state authority or accredited by the American Bar Association as possessing special competence in a particular field of law. Certification permits the lawyer to communicate the specialty to the public when the certifying body is clearly identified.
A lawyer certified by an organization approved by state authority or accredited by the American Bar Association as possessing special competence in a particular field of law. Certification permits the lawyer to communicate the specialty to the public when the certifying body is clearly identified.
Select any source to read its text and confirm it supports the definition.
A person possessing scientific, technical, or other specialized knowledge that will help the trier of fact understand evidence or determine a fact in issue. The person's opinion must rest on sufficient facts or data and reflect a reliable application of principles and methods to the case.
Select any source to read its text and confirm it supports the definition.
A person possessing scientific, technical, or other specialized knowledge that will help the trier of fact understand evidence or determine a fact in issue. The person's opinion must rest on sufficient facts or data and reflect a reliable application of principles and methods to the case.
Each sense below has its own examples, sources, and questions.
Sophia Singh, a family-law practitioner, placed an advertisement stating she was a certified specialist in matrimonial law. The certifying organization had been accredited by the American Bar Association. Singh included the organization's name in the advertisement as required.
A lawyer may state or imply certification as a specialist only when the certifying organization has been approved by state authority or accredited by the American Bar Association and the name of the organization is clearly identified in the communication.
Supporting sources
Spectrum Financial identified Dr. Elena Vargas as its damages expert in a securities suit. After Vargas submitted the required written report, opposing counsel noticed her deposition. The court permitted the deposition because the expert had been designated and the report had been provided.
Stonehaven Properties offered the testimony of a structural engineer in a construction-defect case. The engineer explained load-bearing calculations that ordinary jurors could not evaluate on their own. The court admitted the testimony because the specialized knowledge helped the jury determine whether the building met code.
Serena Soto offered a toxicologist's opinion linking a chemical exposure to her client's illness. The district court excluded the testimony after finding an analytical gap between the studies cited and the expert's conclusion. The appellate court reviewed the exclusion only for abuse of discretion.
Solomon Silver retained an accountant to calculate lost profits in a breach-of-contract action. The accountant applied accepted valuation methods to the company's actual financial records. The court admitted the opinion because the principles were reliably applied to the facts of the case.
Sofia Stern, a forensic DNA analyst, testified about a match between the defendant's profile and a crime-scene sample. She relied on a laboratory report prepared by a non-testifying technician solely to explain the foundation of her own opinion. The court held that the report was not offered for its truth and did not violate the Confrontation Clause.
The expert's scientific, technical, or other specialized knowledge must help the trier of fact understand the evidence or determine a fact in issue.
Supporting sources
No. When Rule 26(a)(2)(B) requires a report, the deposition may be taken only after the report has been provided.
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Appellate courts review the decision for abuse of discretion, recognizing the trial court's gatekeeping role in assessing both reliability and relevance.
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The expert's opinion must reflect a reliable application of the principles and methods to the facts of the case.
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Reliance does not violate the Clause when the report is not admitted for its truth but only to explain the basis of the testifying expert's opinion and was not prepared primarily to accuse a targeted individual.
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…have his or her license revoked, and is liable to the husband for damages. The District Court heard the testimony of numerous expert witnesses, and made detailed findings of fact regarding the effect of this statute. These included: "273. The vast majority of women consult their husbands prior to deciding to terminate…