An expert witness is an individual whose specialized, scientific, or technical knowledge and experience can be used to evaluate or help give substance to the facts in a dispute. In criminal or civil matters, both the defense and the prosecution have the option to call upon expert witness testimony. However, the use of an expert witness is not limited to court cases; oftentimes these professionals will also be chosen by the parties involved in a dispute to provide information in arbitration or mediation.
Expert testimony is frequently given by accountants when the facts germane to a case are technical in nature. In highly specialized cases, expert witnesses may be used to further explain complicated financial matters so that laypersons involved in the case, including the trial judge and jury, can better understand the matters in question. The legal representatives trying the case will then show how that information relates to the facts at hand, helping the judge and jury weigh their opinions on the matter.
Although expert witness testimony is not used in all cases, there are many circumstances where using expert testimony may be advisable. This includes disputes that have a financial element involved, especially if there are allegations of fraud or malfeasance. An expert witness who is well versed in forensic accounting, business valuation or is experienced in economic damage calculations can help the court understand the facts and arrive at an informed decision regarding a dispute.
Key Benefits Of A Reliable Expert Witness Testimony
- Establish how an alleged fraudulent financial activity may have been committed, or not committed by the accused;
- Clearly state the factors involved in a dispute, including damage calculations;
- Identify the veracity of the facts at hand, especially in cases where the authenticity of documentation from an opposing party is in question.
- Explain how the value of a particular business interest was calculated using sound business valuation methodology.
In certain situations, expert witnesses may also be able to answer hypothetical questions or give opinions that would not be possible to admit from other parties involved in a dispute. It is also possible for an expert witness to give a statement of opinion, so long as that opinion is given in agreement with established rules of law governing the use of expert testimony. Particularly in a financial dispute involving technical accounting matters, these interpretations can be supportive for parties able to call on a forensic accounting expert witness to assist in a case.
Though the use of expert testimony is a recognized principle in the U.S. and in many other countries, there are several criteria that expert testimony must meet to be admitted in a court of law. Ultimately, previous case law has established that the burden of determining the admissibility of expert testimony rests with the trial judge. However, many legal professionals believe that using an expert witness who has experience giving professional testimony can be an effective tactic.
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Veriti Consulting, LLC’s professionals are expert testifiers and have provided expert witness testimony in a variety of cases throughout the U.S. Visit our expert witness page, email us at or call us today at 877.520.1280 for more information.
