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31 Jurimetrics J. 375 (1990-1991)
An Empirical Examination of the Use of Expert Witnesses in American Courts

handle is hein.journals/juraba31 and id is 387 raw text is: IARTCE AN EMPIRICAL EXAMINATION OF THE USE OF EXPERT WITNESSES IN AMERICAN COURTS Anthony Champagne,* Daniel Shuman,** and Elizabeth Whitaker*** ABSTRACT This article reports the results ofa pilot study of the use of expert witnesses in civil cases in Dallas, Texas. The respondents in this questionnaire study were jurors, judges, lawyers, and experts participating in civil trials in which expert witnesses testified. The results of this study indicate that expert battles occur less frequently than has been suggested. Although expert witnesses testified in over half of the cases, most of the cases involved experts pre- sented by only one side. The study reveals, however, that when experts are presented in an adversarial contet there are substantial problems in the way lawyers recruit and coach ex- perts, and experts face conflicting demands both to maintain high integrity and to present favorable opinions on complex matters in a clear and unqualified manner. I. INTRODUCTION Expert witnesses' occupy a unique role in the American judicial system. The existence of fact witnesses is fixed at the time of the litigated event by hap- *Professor of Government and Politics, University of Texas at Dallas, Dallas, Texas. **Professor of Law, Southern Methodist University, Dallas, Texas. ***Partner, Carrington, Coleman, Sloman & Blumenthal, Dallas, Texas. The authors would like to thank William Bridge, Kenneth Graham, Jr., Elizabeth Loftus, and Eliza- beth Thornburg for their comments on an earlier draft. In addition, the authors would like to express their appreciation to the M.D. Anderson Research Fund for its support in carrying out this research. 'Rule 702 of the Federal Rules of Evidence provides If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. SUMMER 1991

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