Expert Witnesses in Michigan
In Michigan, an expert witness is a person who has specialized knowledge, skill, experience, training, or education that can assist the judge or jury in understanding evidence or determining a fact at issue.
Rules Governing Disclosure
Under Michigan Court Rule 2.302(B)(4), a party may through interrogatories require another party to disclose:
1. the expert's identity;
2. the subject matter of the anticipated testimony;
3. the substance of the expert's facts and opinions; and
4. a summary of the grounds supporting those opinions.
A testifying expert may be deposed by the opposing party. The deposition allows the opposing side to explore the expert's qualifications, opinions, methodology, and the factual basis for those opinions before trial.
Admissibility Standards
Michigan follows the Daubert standard for the admissibility of expert testimony. Michigan's Rule of Evidence 702 (MRE 702) is the cornerstone for determining the admissibility of expert testimony in the state.
The proponent of the expert testimony must demonstrate to the court that it is more likely than not that:
I. the expert's scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence or determine a fact in issue;
II. the testimony is based on sufficient facts or data;
III. the testimony is the product of reliable principles and methods; and
IV. the expert's opinion reflects a reliable application of those principles and methods to the facts of the case.
Attorney–Expert Communication Protection
Michigan largely protects communications between attorneys and testifying experts. However, communications remain discoverable if they:
a. concern the expert's compensation;
b. identify facts or data supplied by counsel that the expert considered; or
c. identify assumptions supplied by counsel that the expert relied upon in forming opinions.
Compensation
Under Michigan Compiled Laws § 600.2164:
An expert witness may not be paid more than the ordinary witness fee for services as an expert unless the trial court authorizes a higher amount. If the court awards a higher fee, that amount may be taxed as part of the taxable costs in the case. If an expert witness receives, or a party pays, more than the amount authorized by the court, both the expert and the payor may be held in contempt of court.
Limits on Number of Expert Witnesses
Section 600.2164(2) states that:
No more than three experts may testify for either side on the same issue in a given case. However, the trial court may permit additional expert witnesses if, in its discretion, it determines that more than three experts are warranted.
Out-of-State Expert Qualification
Michigan does not require an expert to be licensed in Michigan simply because the case is pending there. An expert from another state may testify if they satisfy the applicable qualification requirements. However, in medical malpractice cases, courts rigorously enforce the statutory "matching" requirements regarding profession, specialty, board certification, and recent clinical or teaching experience, regardless of where the expert is licensed.
