UNT System
EXPERT WITNESS REPORTING REQUIREMENT
The Texas Education Code requires institutions of higher education, including the University of North Texas, the University of North Texas Health Science Center at Fort Worth, and the University of North Texas System Center at Dallas, to collect and report specific information from faculty and staff members who serve as consulting or testifying expert witnesses in litigation where the State of Texas is a party. The reporting requirement, which can be found in section 61.0815 of the Texas Education Code and 19 Texas Administrative Code, section 4.8, is mandatory. Each institution in the UNT System is required to file a report with the Texas Higher Education Coordinating Board no later than September 30 of each year.
A form has been created to facilitate collection of this information. The form requests only information that is required by state law. Individuals who are required to report information under this law DO NOT have to identify themselves by name on the form. The report filed by the System does not include the names of the employees who report information.
You may obtain a copy of the form by contacting your Human Resource office or by downloading it from this web page. Completed forms must be turned in to the Human Resources Department no later than September 25 each year.
If you have questions about the reporting requirement, including whether you are required to report, please click on Expert Witness Reporting Requirement FAQ or call the Office of General Counsel at (940) 565-2717.
How do I know whether I am required to file an expert witness report?
Only those faculty or staff members who meet ALL of the following criteria are required to report:
What is a consulting and testifying expert witness?
According to Rule 702 of the Texas Rules of Evidence, an expert is an individual whose knowledge, skill, experience, training or education regarding scientific, technical or other specialized matters allows him or her to provide an opinion that will assist the judge or jury in understanding the evidence. A testifying expert is an expert, as defined by the Texas Rules of Evidence, who is called to testify at trial. See Texas Rule of Civil Procedure 192.7. A consulting expert is an individual who has been consulted, retained or specially employed in anticipation of a lawsuit or in preparation for trial, but who does not testify. Not all individuals who served as consulting experts are required to complete an expert witness reporting form. An individual who was retained as a consulting expert must complete a report only if his or her name was disclosed to the opposing party in accordance with state or federal law during the course of the lawsuit. State and federal law require disclosure of consulting experts only if their opinions are relied upon by a testifying expert in reaching his or her opinion. Faculty or staff members retained as consulting experts may wish to contact the attorney who retained them to determine whether their name was disclosed during the lawsuit.
Do I have to complete an expert witness form if I was retained as an expert in a criminal, juvenile or administrative hearing?
No. You only have to file a report if you are compensated as a consulting or testifying expert when the State of Texas (including a state agency or public institution) is one of the parties being sued and the compensation was received during the reporting period.
Do I have to complete an expert witness form if I testified as a fact witness?
No. Only individuals who received compensation as a consulting or testifying expert are required to file a report.
What period of time does the report cover?
Expert witness services provided between September 1st and August 31st of the preceding fiscal year must be reported. The UNT System and its component institutions must file their reports with the Higher Education Coordinating Board no later than September 30 of each year. Completed forms should be forwarded to your Human Resources Department no later than September 25th each year.
What if I do not know the information necessary to complete the expert witness form?
If you do not have records of the information needed to complete the form you should contact the attorney who retained you as an expert witness. He or she will have the information.
Will my name be included in the System’s Expert Witness Report to the Higher Education Coordinating Board?
No. State law does not require employees to identify themselves by name. In fact, the statute expressly states "[t]he information in the report [filed by the Higher Education Coordinating Board] shall be reported without identifying specific individuals." Additionally, information regarding the number of hours spent by faculty and staff serving as consulting or testifying expert witnesses will be reported in the aggregate and will not specify how many hours were devoted to a particular case. When submitting the report, you should not use your name, department, college/school or any other information that may identify you.
Where do I send the completed expert witness reporting form?
Completed forms should be forwarded to your Human Resources Department no later than September 25th each year.
Why is this information being collected and reported?
State law requires institutions of higher education to collect and report the information. The University of North Texas System will file a report with the Texas Higher Education Coordinating Board on behalf of all components in the System. The Coordinating Board will in turn file a report with the Governor and the legislature.
Am I prohibited from receiving compensation as a consulting or testifying expert in litigation in which the State of Texas (including a state agency or institution of higher education) is being sued?
No. Employment as a consulting or testifying expert in any litigation is governed by your institution’s dual or outside employment policy. As long as you meet the criteria set out in the dual employment policy for your institution and comply with federal and state law, you may engage in outside employment as a consulting or testifying expert.