Expert Witness Testimony and Consulting Experts

Are you involved in a divorce (dissolution of marriage,) or child custody (allocation of parental responsibilities) case involving expert witness testimony? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Expert witness testimony is often utilized in domestic relations cases to present evidence requiring specialized knowledge in a specific field. The need for expert testimony should be assessed early in a case. There are many types of experts commonly utilized in domestic relations cases, such as medical and mental health professionals, business valuators, appraisers, and vocational evaluators to name a few.

In general, an expert witness may provide an opinion while a lay witness can only testify as to facts based on firsthand knowledge. Experts can be joint or individual. Their identity and opinion reports must be disclosed in advance so that the other party may reasonably evaluate and potentially rebut them. Expert witness identification must be made 63 days prior to trial and experts reports must be filed 58 days before trial. C.R.C.P. 16.2. An attorney may consult on a confidential basis with individual, non-testifying experts to assess and develop case facts and legal theories without calling that person as a witness. A consultant hired to assist a lawyer in trial preparation has attorney-client privilege as an agent of the lawyer, thus the other party cannot require them to reveal confidential discussions with the attorney.

The function of an expert witness is to provide information that is beyond the knowledge and experience of the general population that will help parties and the Court better understand the issues in the case. Expert witnesses testify as to fact and specialized opinion, though do opine on the law as that is the pr0vince of the court. An expert witness may not usurp “the function of the court by testifying regarding the applicable law or legal standard.” In domestic relations cases, ultimate issues for the Court to decide are how to value and divide property, how to allocate parental responsibilities, and how to calculate child and spousal support.

C.R.C.P. 16.2(g) governs expert witness testimony. Generally the parties should attempt to select one expert. When parties do select a joint expert, they typically share the expense of the expert and must cooperate with the expert. However, either party may retain an individual expert at that party’s own expense. A party may also retain an individual rebuttal expert to respond to the report of an individual or joint expert. The legal standard for expert witness testimony is that a qualified expert may testify in the form of an opinion if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact at issue. Consulting experts are not required to be disclosed unless their report is used to form the basis of a testifying expert’s opinion. A motion can be made to a court to appoint a joint expert if the other party does not willingly agree. This is a common request for vocational or business evaluations, for example.

The Court is responsible for determining if an expert witness is qualified to testify. In order for an expert to be qualified as an expert witness, the Court must review the qualifications of the witness and determine whether the expert has the appropriate “knowledge, skill, experience, training, or education” to support testimony in the form of an expert opinion. Attorneys present the qualifications of the expert through laying a foundation in the course of a direct examination of the expert witness. Common foundational questions involve the expert’s education, professional experience, professional memberships, professional leadership positions, and years of experience among other questions.

There is no requirement that a witness have a specific degree, training certificate, accreditation, or membership in a professional organization in order to testify on a particular issue. For example, an experienced auto mechanic may be better qualified to serve as an expert than a college educated automotive engineer. A theatrical example of this is Mona Lisa Vito’s testimony about vehicle mechanics in the movie My Cousin Vinny. As with all testimonial evidence, a court must find that the expert’s proposed testimony is both relevant under CRE 402 and not unfairly prejudicial under CRE 403.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.