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PERSONAL EXPERT WITNESS: ALL YOU NEED TO KNOW

A personal expert witness is one who is well versed or knowledgeable in a particular field and can therefore give a valid opinion on a particular subject. An expert is generally expected to be more knowledgeable in their specific field than a mere layman. The mode of acquiring such expertise can include experience, education, or training.

Expert evidence is the opinion of an expert which is considered valid and accepted by the court as testimony. This is not always the case though as their testimony may be rejected by the court on the basis of better evidence or testimony of other experts which is why it is important to choose expert witnesses carefully.

A personal expert witness in the united states is therefore anyone who has an expanse of knowledge in a particular subject area or discipline; usually more than a layman. An expert witness is expected to give accurate opinions in subject matters that fall within their area of expertise to the court or jury via testimony.

However, an expert witness will have a hard time testifying in court if he goes against the pillars provided for expert witnesses under the Federal Rule of Evidence 702:

Qualifications: An expert's opinion(s) will only be admissible when it is proven that he/ she is an expert or professional in that particular field or subject area.

Factual: The expert's opinion must be factual and helpful to the case. Where the opinion is not based on fact, it will be rebutted by the judge or jury in question.

Reliability: The expert must make use of reliable and unambiguous facts and data in forming his opinion on the subject matter.

Foundation: An expert's opinion must be drawn from foundational facts embedded in the particular subject matter. The facts must have been used properly and in a manner that is related to the case at hand.

There are various types of personal expert witnesses in New York depending on their profession or field. 

Where a personal expert witness is appointed to testify in court, either by both parties or as a separate unit for each party, his main responsibility is to help bring clarity to the matter at hand, and as such his loyalty is first to the court before the hiring party. Such expert witnesses are known as Testifying personal expert witnesses.

Another type of personal expert witness in New York is the Non-Testifying Expert witness. Such witnesses are not required in the court, rather, they help their clients prepare the case by providing credible data and facts needed.

It is often thought that a personal expert witness ought to assist a party's defense or claims. That is the work of an expert advisor. A personal expert witness in New York will however be able to:

Provide facts and data on the case at hand

Provide opinion based on the foundational doctrines revolving around the case

Provide truthful and unbiased opinions which means that he must not have any connections to the case to avoid conflict of interest

Be independent and impartial in his conclusions and opinions as he has an overriding duty to the court than to the hiring party

A personal expert witness is not expected to do the following:

Give advice regarding the case

Act as an advocate or choose a side

Give points that help the hiring party win the case

Act in a partial manner

Get involved in a case in which he/ she has a conflict of interest

Being a personal expert in the United States can look quite straightforward but their role is very crucial. So many things are to be taken into consideration when choosing one as their testimonies and opinions are highly valued and can have a profound impact on the final judgment. It is therefore always a wise decision to choose your expert witnesses with utmost care and consideration for they can make or break a case.