13th Oct 24 11:54 am
JamieAs the American Statistical Association notes, an expert witness is one of the few people who can offer opinions during a divorce trial. In almost all other cases, a witness who attempts to speculate about the facts would receive strong objections from the opposing party. This gives expert witnesses a unique role in all legal proceedings – including divorce. While expert witnesses have the power to alter the trajectory of divorce litigation, however, they are associated with various limitations. Spouses who wish to present expert testimony must be aware of these challenges, and a consultation with an experienced divorce lawyer in Colorado could provide relevant insights. To discuss the possibility of using expert witnesses in an upcoming divorce trial, consider a consultation with The Colorado Divorce Law Group. Call (720) 593-6442 to continue this conversation.
Like other States, Colorado has strict rules when it comes to expert witnesses. If spouses wish to use expert witnesses effectively, they must understand and abide by these rules. The first step is to disclose the expert witness within 63 days of the final hearing – along with all other witnesses. Spouses must provide additional details about the professional background of each expert witness. This information might include resumes, degrees, publications in scholarly journals, and so on. The 63-day deadline highlights the importance of meeting with a divorce lawyer sooner rather than later. Although the court might be willing to provide extensions, there are no guarantees.
Expert witnesses may only testify on matters relevant to the divorce. In addition, their testimony must involve the facts of the case. Although they can offer expert opinions, they cannot venture too far into speculation – especially in regard to unestablished facts outside of the trial record. In addition, expert witnesses may testify about things they have personally witnessed or observed – such as psychological examinations and laboratory work. Finally, an expert witness may testify simply to educate the court about complex subjects – without favoring one spouse or the other.
Like all witnesses, experts are subject to cross-examination. This process occurs after the witness has provided their initial testimony, and it allows the opposing party to ask questions. For example, one spouse might call upon a financial expert to testify about concealed assets held by their ex. After the expert gives their testimony, the opposing divorce lawyer may question them about how they traced the assets, the reliability of their methods, and their professional qualifications. Expert witnesses are also subject to rebuttal, which means the opposing party can call upon another expert with a different point of view.
Cross-examination and rebuttal could represent challenges or opportunities, depending on the circumstances. With effective cross-examination, an expert may seem less reliable and trustworthy in the eyes of the court. A rebuttal from an opposing expert witness may produce similar results. In almost all academic fields, there are opposing theories, methods, and philosophies. As a result, it is relatively easy to find an expert witness who will disagree with the testimony of another expert in the same field. If a spouse needs to find an expert witness to rebut other expert testimony, they may wish to contact The Colorado Divorce Law Group for assistance.
To the casual observer, expert witnesses are unbiased arbiters of truth. However, this characterization is somewhat misleading for numerous reasons. First, there is endless debate within the scientific, technical, medical, and financial fields. The “truth” according to one scientist may seem like utter nonsense to another. Financial incentives also cast doubt upon the validity of certain testimony. Expert witnesses rarely volunteer their time, and they receive payment in exchange for their testimony. In most cases, divorce attorneys pay expert witnesses to testify. The implication is that the attorney is paying for the testimony they want – and not testimony that will harm their client.
During cross-examination, an attorney can ask the expert how much payment they received. They are also allowed to ask how often they have testified in other divorce cases. This line of questioning could highlight the ethical concerns associated with expert testimony, implying that the “expert” has made a career out of appearing in court. That being said, many expert witnesses take their roles very seriously. Like all witnesses, they swear an oath to tell the truth before testifying. Experts also routinely refuse to say things that are objectively untrue, even when pressured by attorneys to do so.
Although they are often aligned with one specific party, expert witnesses can present information in a truly unbiased manner – and they may perform a purely educational role when testifying about financial subjects. The financial world is inherently complex, and a spouse might be one of the few people in the courtroom who understands how their own investments work. This spouse might struggle to testify in a convincing manner due to obvious concerns about bias. By presenting a neutral financial expert with strong communication skills, the spouse can educate the court about their finances through a third party.
This approach may be particularly effective when dealing with new financial processes that have emerged within the past few decades. These might include cryptocurrencies, peer-to-peer lending, crowdfunding, and so on. For example, a financial expert might provide the court with a brief explanation of how the blockchain works – allowing the judge to make a more informed decision during property division in a Colorado divorce. As the American Bar Association notes, expert witnesses may also assist attorneys outside of the courtroom by gathering relevant financial records and documents. Expert witnesses can even instruct attorneys on how to cross-examine other experts with opposing points of view.
Although expert witnesses provide numerous opportunities for divorcing spouses in Colorado, taking full advantage of these opportunities is not always easy. Whenever a spouse presents a witness in court, there is always an element of risk. In addition, the most appropriate expert depends on the unique factors of each divorce case. An experienced divorce lawyer may be able to help spouses mitigate challenges, choose appropriate professionals, and utilize expert witnesses to their full potential. Consider a consultation with The Divorce Law Group to discuss this complex subject in more detail – and call (720) 593-6442 today.
