question / answer
| Q: | What is a consulting and testifying expert witness? |
| A: | 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. |