Experts — The Battle Royale
In criminal cases
The admission of expert testimony in Texas is generally governed by one statute, four evidentiary rules, and a corresponding case law. A complete examination of the rules and applications is well beyond the scope of this paper. Still, a brief overview is necessary because almost all forensic sciences require expert knowledge and testimony to be admissible in court.
The process required by the statute begins when a party makes a request not later than the 30th day before the date the trial is scheduled to begin. While the statute does not say what the requesting party has to request, it provides that the party that receives the request “shall disclose to the requesting party the name and address of each person the disclosing party may use at trial to present evidence under Rules 702, 703, and 705, Tex. R. Evid.”
- Texas Rule of Evidence 702 sets forth the standard that the proponent of the evidence must meet to have expert testimony admitted before the trier of fact.
- Texas Rule of Evidence 703 sets forth the kind of information that an expert may rely upon in giving opinion testimony.
- Texas Rule of Evidence 704 provides that an opinion is not objectionable because it embraces an ultimate issue.
- Texas Rule of Evidence 705 sets forth the rules…
