A Sea of Confusion: Expert Legal Testimony Adrift in Florida

When it comes to legal matters, experts usually can’t give their opinions in court because that’s the job of the judge and jury. But there are some exceptions to this rule. Florida has certain rules about when expert opinions can be allowed, but they’re not always clear. Different court decisions give different guidance, so it can be hard for judges and lawyers to know when expert opinions are okay. One solution could be to interpret the rules together and allow expert opinions when they help the jury understand the evidence or make a decision, without telling the jury what decision to make. The trial court has a lot of power when deciding whether to allow expert testimony. On appeal, the court will only review this decision if the trial court abused its power. However, this doesn’t mean the court can always refuse expert legal testimony. The court should allow it if it follows the law, helps the fact-finder understand the issues, doesn’t tell the fact-finder how to decide, and isn’t unfairly prejudicial or confusing. Some Florida courts have used this standard, but it hasn’t been fully explained. The Florida Supreme Court should decide on this issue and make sure this standard is followed. In the past, there was a rule that prevented witnesses from giving their opinions about the main issues in a case. This rule was hard to enforce and often avoided. In 1975, a new rule was made that got rid of this old rule in federal courts. Florida also made a similar rule in 1976. However, this doesn’t mean that witnesses can say whatever they want. They still have to follow certain rules about when they can give their opinions. The law in Florida is unclear about whether experts can testify about legal issues in court. Some cases say they can’t, while others say they can if it helps the jury understand the evidence or determine the facts. This is confusing for lawyers and judges trying to understand the rules. One example of this confusion is whether an expert can explain the meaning of legal terms in court.

In one case, the court said experts can’t testify about legal issues because that’s the judge’s job. But in another case, the court said experts can testify about legal issues if it helps the jury understand the evidence. This inconsistency makes it difficult for lawyers and judges to know when expert testimony about legal issues is allowed in court. Some courts allow expert witnesses to testify about the law and help the jury understand legal terms. But other courts say it’s not allowed. There’s a conflict about whether experts can explain insurance policy terms and legal definitions. In some cases, expert testimony about the meaning of insurance policies and regulatory definitions can be allowed in court. But in Florida, it’s not always clear if expert legal testimony is allowed in these situations. Some courts say it’s okay, while others say it’s a question for the judge to decide. One case involved an expert testifying about a gas line fitting under a regulatory definition, and the Florida Supreme Court said that was okay because it helped the jury understand the evidence. So, it’s a bit of a gray area. In Florida, some courts have said that expert testimony about legal issues is not allowed. However, the Supreme Court has allowed it in certain cases where the law is very technical and hard to understand. The court has said that expert testimony can be helpful in explaining the law to the jury. There is a lot of confusion in Florida about when expert legal testimony is allowed in court. But the evidence code, which is the rules for what evidence is allowed in court, says that expert legal testimony can be allowed if it assists the fact-finder and is not just telling them what to decide. The idea that all expert legal testimony is not allowed is old and doesn’t fit with the evidence code or with many Florida court decisions. So, the courts should use the rules in the evidence code to decide when expert legal testimony is allowed. Expert testimony in a court case can be admitted if it helps the judge or jury understand the evidence or decide a fact in the case. However, it can’t just tell them what to decide. It also can’t be unfairly prejudicial, confusing, or a waste of time. If the expert has enough knowledge and evidence to support their testimony, it may be allowed in court. The commentary explains that expert witnesses can only give opinions on legal issues if they are consistent with the law, help the fact-finder understand the case, and don’t tell the fact-finder how to decide. Expert legal testimony is usually not allowed because it can be unhelpful, repetitive, or confusing. However, it’s not always banned, and the court can decide to allow it if it’s necessary. Some people say expert legal testimony is always not allowed, but that’s not true according to the evidence code and Florida precedent. In the future, court decisions should use the evidence code instead of following the old common law rule about the “ultimate issue.” This means that the court should rely on specific rules about what evidence can be used in a case, rather than making decisions based on a general legal principle. This change is important because it helps to make sure that the court focuses on the specific facts of a case and uses the rules set out in the evidence code. Florida Statute §90.703 and Federal Rule of Evidence 704(a) both say that expert testimony cannot just give a definite legal conclusion. This means that experts can’t just repeat legal terms and then tell the fact-finder what to decide. This is also supported by other Florida statutes and court cases. These are references to legal cases and expert testimony in Florida. It’s important for expert testimony to stick to the facts and not try to interpret the law, and for the judge to make the final decision on legal matters. This helps ensure fair and impartial decisions in court cases. In this article, attorneys Nancy C. Ciampa and David L. Luck talk about expert testimony in court cases. They explain how expert witnesses can help the judge or jury understand complicated technical issues, but they also point out that experts aren’t allowed to just give their opinion on what the law is. Instead, they have to stick to the facts of the case. Ms. Ciampa and Mr. Luck both work for the law firm Carlton Fields, P.A. “To teach members to do their job well, help the community, and make the legal system better.”

Source: https://www.floridabar.org/the-florida-bar-journal/a-sea-of-confusion-expert-legal-testimony-adrift-in-florida/