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Qualifying as an Expert Witness in Business Litigation
Expert testimony can make or break a commercial dispute. Courts in Broward County and Florida apply strict standards before accepting someone’s opinion as expert evidence. Understanding those standards up front helps you prepare a witness who clears every hurdle.
Why Qualification Matters
• Ensures opinions rest on reliable methods and data
• Guards against surprise challenges at trial
• Builds credibility with judges and jurors
Key Requirements Under Florida Evidence Code
-
Specialized knowledge
• Training, education or experience beyond a typical fact witness -
Reliable methodology
• Techniques accepted in the relevant field -
Fit with the case
• Opinions tied directly to the facts at issue -
Clear communication
• Ability to explain technical concepts in plain terms
Credentials Courts Expect
| Credential Type | Example |
|---|---|
| Professional licenses | CPA, real-estate broker, engineer |
| Advanced degrees | JD, MBA, PhD in finance or statistics |
| Industry experience | Decades in corporate finance or property law |
| Published works | Articles, treatises or speaking engagements |
The Qualification Hearing Process
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Disclosure
• Submit expert report and CV by court deadline -
Daubert/Kumho motion
• Opponent may challenge methods or relevance -
Voir dire examination
• Judge questions the witness on qualifications -
Ruling
• Judge admits or excludes the expert testimony
Common Pitfalls to Avoid
• Overreaching: retaining a witness beyond the expertise needed
• Having your expet witness cite fringe or unpublished methods
• Having your expert fail to tie opinions to case facts
• Having a witness that uses unexplained jargon without simplification
Frequently Asked Questions
| Question | Answer |
|---|---|
| How much experience is enough to qualify as an expert? | No set rule—but 5+ years in a specialized role plus relevant degrees is standard. |
| What happens if the court excludes my expert? | You lose that testimony, which can severely weaken your case. |
| Can an expert use data from outside Florida? | Yes—if the method is reliable and the data is relevant to the dispute. |
| Should the expert testify at deposition before qualification? | Ideally, yes. Early testimony reveals any weak spots before trial. |
By following Florida’s rules and grounding opinions in proven methods, you set your expert witness—and your case—up for clear acceptance in Broward County and all Florida courts.
