Expert Witnesses and Scientific Evidence
Expert Fundamentals
Expert compensation must be disclosed in the Rule 26 report, including the compensation for the study and testimony. Contingent fee arrangements with testifying experts are generally prohibited as contrary to public policy.
The party seeking the deposition typically pays the expert's time.
Alternative Names:
Expert Fees, Expert Witness Fees
Why it Matters?
Total compensation across all engagements with a party or firm is the more damaging figure than the rate, since an expert earning a substantial portion of their income from one side supports a bias argument the hourly rate alone does not. Discovery into prior engagements, annual litigation income, and the proportion of plaintiff versus defense work is standard and frequently productive.
Frequently Confused with
Related terms
Frequently asked questions
Are contingent fees permitted for experts?
What compensation evidence is most damaging?
