Some Guidelines for Human Factors Expert Witness Testimony

Abstract

In recent years, many scientists have been asked to provide input as experts in legal proceedings (Sanders and McCormick, 1987). There are occasions when such activities go beyond consultations and reports, resulting in testimony for a deposition or a trial. Since such testimony will involve the specialized arena of a legal venue, there is a substantial need for the expert witness to understand this legal role. A set of guidelines is presented to help prepare the witness for the legal constraints within which testimony will be given. These guidelines address aspects of the following areas: defining your expertise, preparing for testimony, and what you can expect from your client (the attorney). The application of these guidelines is illustrated through expert testimony given by the first author in a variety of cases.

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