(4)6.6.4 Expert Witnesses
(a) Qualifications.
The court shall determine that any witness offering expert testimony meets the required standards of expertise, including:
- Education, training, or experience relevant to the subject matter;
- Familiarity with recognized methodologies and best practices in the field; and
- Demonstrated ability to provide reliable opinions based on facts of the case.
(b) Scope of Testimony.
- Expert testimony shall be limited to matters within the expert’s recognized field of knowledge.
- Opinions must be based on facts presented in evidence, recognized methodologies, and relevant literature or research.
- Experts may not testify regarding matters outside their area of expertise or offer personal beliefs unrelated to the case.
(c) Preparation and Disclosure.
- Counsel may prepare experts to clarify methodology, present exhibits or demonstratives, and organize testimony.
- Any reports, data, or exhibits relied upon by the expert must be disclosed to opposing counsel in advance, subject to rules of discovery.
- Experts may review prior statements or evidence to refresh recollection, provided proper disclosure to opposing counsel.
(d) Examination.
- Direct examination shall present the expert’s qualifications, opinions, and supporting rationale.
- Cross-examination may challenge methodology, assumptions, interpretations, conclusions, or potential biases.
- Leading questions are permitted on cross-examination as consistent with the provisions of this chapter.
(e) Judicial Oversight.
The court may:
- Determine admissibility of expert testimony under relevant evidentiary rules;
- Limit the scope of opinions to prevent undue prejudice or confusion;
- Require disclosure of underlying data, methodology, or assumptions; and
- Provide curative instructions to the jury regarding the proper use and consideration of expert testimony.