An expert witness can be a great asset in a family law case, as they can provide insight into obscure or exclusive fields while also providing professional opinions on the details of the case. This insight can help inform the judge or jury in a civil case, which could support the arguments of an interested party. However, there are also many legal complexities that an expert witness may introduce into a case. For example, North Carolina employs certain rules regarding the discovery and disclosure of expert witnesses, which could impact the strategy employed in court cases.
Disclosure and discovery are two different means for both the plaintiff and defendant to acquire information regarding the opposing party’s strategy and argument. Information on the arguments presented by the opposing party could help shape a case, as preparation for these arguments could help strengthen a defense against their claims. Therefore, understanding North Carolina’s laws regarding disclosure and discovery could help shape a family law or other civil litigation case.
Consider speaking with an experienced civil litigation attorney from King Law Offices for more information on the complexities of calling an expert witness. Schedule a consultation today by calling the office at (888) 748-KING.
What is Disclosure and Discovery?
Disclosure and discovery are common legal terms, and generally, the two primary modes of acquiring information during a court case. Disclosure is defined as the information that each party is required by law to provide to both the court and the other party. Disclosure may apply to both the defendant and plaintiff, who may be required to furnish the opposing party with information such as case files, lists of witnesses that may include expert witnesses, physical evidence, as well as other trial documents and information regarding the case. These disclosures generally take place at a pretrial conference where all parties involved share pertinent information before going to court.
Discovery is the opposite side of the coin, the plaintiff, defendant, and court have the right to ask questions, conduct research, and interrogate witnesses to discover and reveal facts about the case. The process of discovery does not require either party to volunteer information to the other party, but they are required to supply it if requested. This means that the questions asked by the plaintiff or the defense are crucial in revealing evidence and building a strong case.
The Role of an Expert Witness in Court
Depending on the details of a case, expert witnesses may be impacted by disclosure and discovery rights in North Carolina. Since expert witnesses could be a key part of a court case, understanding how and when to disclose this information may help the individual maintain compliance with court standards. Violation of court rules could damage a case or risk the testimony of an expert witness. Therefore, understanding the expectations and requirements of expert witnesses could benefit an individual’s case.
A seasoned North Carolina and Tennessee civil disputes attorney from King Law Offices could help provide more details on calling an expert witness during a case evaluation.
Expert Testimony Requirements
Generally, an expert witness must meet certain criteria for the court to permit them to testify as an expert. Most standard witnesses must have a tangible connection to the case at hand to testify, but on certain occasions, the subject matter at hand requires extensive knowledge or exclusive study to fully understand. If the subject matter requires experiential, scientific, or technical knowledge, an expert witness may be called to inform the parties involved.
However, according to Rule 702, the expert witness must meet other stricter criteria to be considered. The testimony of this expert witness must be unbiased and based on reasonable processes and facts. The testimony is not to be based on conjecture or speculation of the expert but on real facts and rational methods. If these standards can be met, the individual may be able to employ an expert witness in their case.
How Disclosure and Discovery Might Impact a Case
Disclosure rights of certain parties may reveal aspects of a party’s strategy and allow them to prepare accordingly. This is done in the spirit of fairness to prevent either party from overwhelming or surprising the defense or the plaintiff with unexpected information. This may prevent them from providing an appropriate response and could add bias to the case, as one party has more control over the flow of information.
In this spirit of fairness, N.C. Gen. Stat. 1A-1, Rule 26 requires parties to disclose the identity of any expert witnesses before the trial. This will allow both parties to prepare for the presence of the expert witness and understand how to address this complexity in their arguments. However, the discovery of information from these expert witnesses may vary based on the arguments provided and questions asked by the plaintiff and the defense.
Expert Witnesses in Tennessee
For individuals in Tennessee, however, the rules may be slightly different due to Tennessee state laws. Calling expert witnesses in Tennessee may also involve a process of discovery and disclosure, as some expert witnesses have been precluded from testifying due to insufficient disclosure. Additionally, the testimony provided by expert witnesses in Tennessee may need to meet a certain standard of credibility and reliability. While many of the rules for expert witnesses may remain the same in Tennessee, there are certain nuances provided by state laws that ought to be accounted for.
Consult with a Skilled Family Law Attorney Today
Calling an expert witness could prove to be a vital strategy for some civil court cases. However, understanding the limitations and complexity of this process could help the individual avoid missteps and even catastrophes in court. Expert witnesses can be useful, but they are governed by a strict set of court rules that could interfere with an individual’s case.
Understanding disclosure and discovery rules could be the first step in constructing a compelling case that utilizes the testimony of an expert witness. However, this process may require in-depth knowledge of North Carolina’s state laws and court practices, or Tennessee’s. A skilled North Carolina civil litigation attorney from King Law Offices may be able to help evaluate and build this case. Schedule an initial consultation today by calling the office at (888) 748-KING.