Faculty and Staff Testimony in Court Guidelines
Draft 2 (7/10/98)

Note:  For additional information, refer to the state statues on evidence, opinions and expert testimony, or refer to Pat Brady's article on open records.
 

University of Wisconsin-Extension faculty and staff provide research based information and conduct educational programs for a wide array of clients in community meetings, on farms or other businesses, and in homes. Faculty and staff member’s expertise and credibility result in their occasionally being asked to provide expert testimony in legal matters or in being subpoenaed to testify in court. When such testimony is sought, voluntarily or through a subpoena, the following general guidelines will be followed:

  1. Faculty and staff are discouraged from testifying unless they are subpoenaed. When subpoenaed, faculty and staff must testify.

     

  2. In any legal matter, faculty and staff should limit their testimony to facts. They should not offer opinions or judgments or expert testimony. (See attached definition of testimony by experts.)

     

  3. Faculty and staff may receive a subpoena for written materials or records. When this occurs, these written materials must be turned over. A faculty or staff member may be asked to bring written materials to a legal proceeding. UW-System legal counsel may be able to negotiate to submit written materials without the faculty or staff member being present.

     

  4. When served with a subpoena or asked to voluntarily provide testimony, faculty and staff should inform their district directors. If circumstances warrant, university legal counsel may be consulted.

 



 
Wisconsin State Statutes, Chapter 907:  Evidence -- Opinions and Expert Testimony

907.2    Testimony by experts.  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 by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

907.3    Bases of opinion testimony by experts.  The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.  If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.
 

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