Question 1

How are expert witnesses presented at trial in Florida?

Accepted Answer

FL trial presentation: qualification (the attorney presents the expert’s credentials to the court and asks the court to: accept the witness as an expert in a specified field), direct examination (the attorney asks the expert: open-ended questions about their opinions, the basis for their opinions, and the methodology used), demonstrative exhibits (the expert may use: charts, diagrams, models, and presentations to explain their opinions to the jury), and cross-examination (the opposing attorney challenges: the expert’s qualifications, methodology, assumptions, and conclusions). The expert: may testify about: their opinions (even if the opinions embrace the ultimate issue: Section 90.703), the facts and data underlying their opinions, and hypothetical questions (Section 90.705).

Question 2

What are best practices for expert witness testimony in Florida?

Accepted Answer

Best practices: preparation (the expert should: thoroughly review all materials, prepare a clear outline of their testimony, and anticipate cross-examination questions), clarity (the expert should: explain complex concepts in plain language, use visual aids, and avoid jargon), credibility (the expert should: be honest about limitations, acknowledge opposing views, and avoid advocacy), consistency (the expert’s testimony should: be consistent with their prior reports, depositions, and publications), and objectivity (the expert should: present an objective opinion based on the evidence, not an opinion designed to favor the retaining party). FL courts: instruct jurors that they may: accept or reject expert testimony in whole or in part.

Question 3

What compensation issues arise with Florida expert witnesses?

Accepted Answer

Compensation: reasonable fees (FL: the expert is entitled to: reasonable compensation for their time; the fee must not be: contingent on the outcome of the case), disclosure (the expert’s compensation: must be disclosed during testimony; the opposing party may: question the expert about their fees to suggest bias), statutory fees (FL: Section 92.231: sets statutory witness fees at $5/day for appearance and travel; but expert witnesses: negotiate their own fees which are typically up to $800/hour), and cost recovery (the prevailing party may: recover expert witness fees as costs in some cases: but typically only the statutory $5/day rate).

Expert Witness Qualification Trial Testimony

FL Expert Witness Trial Testimony

Presentation

Best Practices

Compensation

Related Terms

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