How an Expert Witness Prepares for Trial

“An expert witness is expected to assist the court in understanding technical evidence by providing independent, objective, and reasoned opinions based on established expertise.” — Tortona v. Gregorio, G.R. No. 202612, Jan. 17, 2018

Appearing in court as an expert witness is a serious responsibility. It demands more than just professional qualifications—it requires thorough preparation, clarity in communication, and strict adherence to both legal and ethical standards. Whether in the field of real estate appraisal, engineering, accounting, or any technical discipline, the effectiveness of an expert witness lies in how well they understand their role and how clearly they can assist the court.

The preparation begins with a full understanding of the case. The expert must study the pleadings, judicial affidavits, motions, and any relevant reports to grasp the context of the legal dispute. This understanding helps frame the opinion the expert will give. Once the scope of the engagement is clear, the expert proceeds to draft and finalize their report. The report must be factual, supported by data, and rooted in accepted professional standards—such as the Philippine Valuation Standards for appraisers or the relevant codes of ethics and methodology in other professions. This report, along with the judicial affidavit required by the Rules of Court, becomes the backbone of the expert’s courtroom presentation.

Communication with counsel is vital. The lawyer and the expert must align on what issues the expert will testify to, what documents and evidence will be referred to, and how the expert can best support the legal theory of the case without overstepping their bounds. A good lawyer will also simulate a mock direct and cross-examination to help the expert anticipate difficult or technical questions, and practice answering in a way that is truthful, clear, and calm.

On the day of the trial, the expert must come prepared. This means dressing professionally, arriving early, and bringing all necessary materials—copies of the report, affidavits, supporting documentation, and visual aids such as charts or maps. During testimony, the expert is first qualified by the court. Once recognized as an expert in their field, they proceed to give their opinion under oath, guided by the direct examination of counsel. The expert must maintain composure during cross-examination, avoid defensive behavior, and be honest if they don’t know the answer to a question. Judges value precision and honesty over attempts to impress or advocate for one party.

Ultimately, the credibility of an expert witness rests not only on credentials but on the ability to explain complex matters in a straightforward and impartial manner. A well-prepared expert supports the truth-seeking function of the court. By grounding their opinion in verifiable data and presenting it clearly, the expert becomes a bridge between technical knowledge and legal judgment. Preparation, professionalism, and integrity are the foundation of any expert testimony that truly helps the court reach a just and informed decision.

Serving as an expert witness requires more than just subject matter expertise. It demands professionalism, preparation, and precision. Whether you’re a real estate appraiser, economist, forensic analyst, or valuation consultant, the courtroom is your stage to translate complex findings into reliable, understandable truth.

With proper preparation, your testimony can become the turning point in delivering justice.

Unknown's avatar

Author: AB Agosto

A Juris Doctor and a Professor of Business & Economics at the University of San Carlos. Teaching finance, real estate management, and economics. He conducted lectures on valuation, environmetal planning and real estate in various places and occasions.

Leave a comment