Cross-Border Testifying Tips: U.S. Experts in Canada and Canadian Experts in the U.S.

Abstract

Professionals who are allowed by a court to serve as expert witnesses are granted the special legal status of offering opinion and theoretical evidence based on human factors research and provided facts that the expert did not witness themselves. The role of the Human Factors forensic expert in U.S. and Canadian court cases has become more common over the past two decades as lawyers become increasingly aware of the specialized nature of this field of study. U.S. and Canadian Human Factors experts sometimes find themselves being retained by firms on the other side of the border due to their specialized experience and training in a particular area relevant to the case at hand. In such situations, the expert will need to deal with differences in legal systems and differences in client expectations between the U.S. and Canada. The goal of this panel discussion session is to share the combined experience and knowledge of the panelists with the audience regarding the most significant differences between U.S. and Canadian clients, courtrooms, and procedures in forensic testimony, so that the expert knows what to expect when accepting a cross-border retention.