A Florida business lawsuit can involve various types of testimony and evidence. Some of which may be offered by and through an expert witness. An expert witness is an individual who is considered to be an authority in their field. Their purpose is to provide information that may assist the court in understanding the facts and evidence. Expert witnesses are often a crucial part of a case, and selecting the right person for this role is essential. Here is more on how to hire an expert witness:
Florida Expert Witnesses
Under Florida Rules of Evidence 90.702, “If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if:
(1) The testimony is based upon sufficient facts or data;
(2) The testimony is the product of reliable principles and methods; and
(3) The witness has applied the principles and methods reliably to the facts
of the case.”
An expert witness does not have to be qualified in multiple ways. For instance, an expert qualified through their “knowledge, skill, experience, training, or education” does not necessarily have to be specialized in an area of expertise.
Who Can be Qualified as an Expert?
The term “expert witness” applies to a person duly and regularly engaged in the practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one who possesses special knowledge or skill about the subject upon which called to testify. The Florida Rule of Civil Procedure categorizes experts as those who are expected to testify at trial and those used for consulting purposes.
When Can Expert Testimony be Taken?
Expert witness testimony can be taken before trial and may be used during the case. Experts can also testify at trial. Generally, parties can obtain discovery from any person disclosed by interrogatories or otherwise as a person expected to be called as an expert witness at trial. When a party expects to call an expert at trial, if requested, the retaining party must disclose:
Who is the expert is
What they will be testifying about
The scope of their employment in the case and compensation for services in the case
The expert’s litigation experience and percentages of plaintiff and defense cases
The names of their recent cases in which they testified or were deposed, and
An estimate of their involvement as an expert witness.
Under some limited circumstances, they may be required to produce financial or business records.
Under Florida law, “unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying facts or data. On cross-examination, the expert shall be required to specify the facts or data. Prior to the witness giving the opinion, a party against whom the opinion or inference is offered may conduct a voir dire examination of the witness directed to the underlying facts or data for the witness’s opinion.
If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the party offering the testimony establishes the underlying facts or data.”
How to Hire an Expert Witness
When you are involved in a Florida business lawsuit, the subject matter will dictate the type of expert you may need. For instance, if you are in a real estate dispute, you may need to work with a real estate agent or appraiser. On the other hand, if the matter concerns a partnership or shareholder disagreement over finances, your expert may need specialized accounting or business knowledge.
Expert witnesses can be crucial to case outcomes. Therefore, it’s essential to have the right person offering their expert opinion on your behalf. The best way to ensure you hire a qualified expert witness is by working with an experienced Florida business attorney. Your Florida business lawyer can help you evaluate the claims and evidence in your case and determine what type of expert is needed. Your counsel can also help you find a credible expert with the knowledge and expertise to help you establish your claims or defenses.
Contact an Experienced Florida Business Lawyer
Attorney Richard Sierra at the Florida Small Business Legal Center assists clients like you with commercial leasing, business, and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. We represent clients throughout the State of Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, West Palm Beach, Jupiter, Deerfield Beach, Stuart, Port St. Lucie, Orlando, Naples, Fort Myers, Sarasota, Tampa, and surrounding communities.