An article written for law clerks discussing the January 1, 2010 changes to the Rules of Civil Procedure.
There are strict rules that govern expert witnesses because only the expert witness is allowed to express their opinion(s) when they testify at trial. All other witnesses are considered to be ‘fact witnesses’ and they cannot express opinions when they testify at trial. Lawyers routinely retain certain health care practitioners because they want the expert to provide their opinion on specific issues in the case.