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ARTICLE · 24 AUGUST 2020

Working Hybrid Witnesses

Wilson Elser Moskowitz Edelman & Dicker LLP
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Unlike other testifying experts in litigation, hybrid witnesses give both fact and opinion testimony based on their first-hand knowledge of relevant facts as well as their training and experience...

United StatesLitigation, Mediation & Arbitration
Peter Lauricella
Peter Lauricella
Nicole Haimson
Nicole Haimson
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Unlike other testifying experts in litigation, hybrid witnesses give both fact and opinion testimony based on their first-hand knowledge of relevant facts as well as their training and experience in a particular field. Hybrid witnesses can be invaluable in bolstering a party's case, but they are subject to certain limitations and their use can raise unique legal and tactical issues. Before designating an individual as a hybrid witness, or challenging an opposing party's hybrid witness, counsel must understand the parameters of hybrid witness testimony and the implications of using hybrid witnesses at each phase of a litigation.

Testimony from both fact and expert witnesses is often necessary to establish a claim or defense in litigation. There are three types of testifying expert witnesses:

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