Expert Testimony: Who Can Be an Expert Witness?

Real Estate Law

One important aspect of any litigation is presenting a case to the judge and/or jury.

The vast majority of legal cases are proven through witness testimony.

Factual Witnesses

In a typical lawsuit, the facts of a case are established by calling witnesses who can testify as to what happened.

Known as a “factual witness,” this is someone who has knowledge of the facts of a case based on what he (or she) saw, heard, or understood at the time.

Factual witnesses testify as to the facts: they are not allowed to give opinions or conclusions.

However, many cases require proving facts that go well beyond what someone may have heard or seen.

For example, a car accident case may require testimony to prove the speed of the cars or the point of impact.

In other cases, such as an eminent domain action or other real estate dispute, testimony may be needed to establish the value of the real property at issue.

Since highly specialized or technical information is not something within the purview of a typical fact witness, proving one’s case frequently requires relying on expert witness testimony to establish certain facts (in our examples above, the speed of the cars, or the value of a piece of property).

Who Can Be an Expert Witness?

But who, exactly, can be an expert witness?

The answer depends on whether you are in federal or state court.

And, if you are in state court, the answer depends on what state you are in.

Each system and each state has its own rules.

That being said, in general, before one can testify as an expert witness, he/she has to first qualify as an expert.

In Georgia, a person may qualify as an expert witness because of his or her:

  • Knowledge
  • Skill
  • Education
  • Experience or
  • Training

This may sound simple, but the rules regarding who may qualify as an expert depend both on statutory law and judicial case law.

Georgia’s expert witness statute presents its own unique challenges to qualifying an expert and the admission of expert testimony.

Our Experience is Your Advantage.

At the Law Offices of Mark Weinstein, P.C., our clients benefit from our experience. We have extensive experience in real estate law. We have offices in Cumming, and we serve clients in Atlanta, Gainesville, Gwinnett County, Bartow County, Hall County, Henry County, Cherokee County, Clayton County, Cobb County, and other counties throughout Georgia. To find out what we can do for you, call us today at: 770-888-7707. Or you can e-mail us with inquiries at: lawofficesofmarkweinstein@gmail.com

 

 

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