Testimony
in Court (7/10/98)
Voluntary Legislative Testimony (2/27/02)
Note: For additional information, refer to the UW System
General Council web site, http://www.uwsa.edu/gc-off/deskbook/wprl.htm
Testimony in Court
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. (Refer to WI System General Council Web Site.)
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.
Voluntary Testimony Before Legislative Bodies
Faculty and staff who would like to provide testimony before a legislative body or who are requested to do so by a county extension committee member or other local partner should consult with their program leader and the Special Assistant to the Chancellor for Government Relations PRIOR to presenting testimony.
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