The Admissibility of Expert Testimony The admissibility of expert testimony is governed by three general constraints. First, expert testimony must be relevant. OEC 401, 402. “Having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Second, expert testimony is subject to OEC 702: “If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert may testify thereto in the form of an opinion or otherwise.” Finally, expert testimony must not be unduly prejudicial, confusing or time-consuming. OEC 403. “Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence.” See The Expert Witness in Your Next Trial p. 22 “The process of selecting and preparing an expert witness can be time-consuming and quite costly. Attorneys must ensure the expert’s qualifications and testimony align with the legal standards required by the court, and … prepare the expert to withstand cross-examination effectively.” 21 Trial Lawyer | Winter 2025
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