A witness who qualifies as an expert because of knowledge, skill, experience, training, or education may testify as an expert if scientific, technical, or other specialized knowledge will assist the judge, jury, or other factfinder to understand the evidence or determine a contested fact issue.
But there is no rigid formula for determining whether a particular witness is qualified to testify as an expert. Generally there must be a fit between the subject matter at issue and the expert witness’s familiarity with the subject matter. And this determination is made by the judge, who acts as a gatekeeper to only allow reliable expert witness testimony to be heard and considered by the judge or jury.
In Nebraska, expert witnesses are individuals who, due to their knowledge, skill, experience, training, or education, may provide testimony in legal proceedings if their specialized knowledge can help the judge or jury understand the evidence or resolve a disputed fact. The determination of whether a witness qualifies as an expert does not follow a strict formula; instead, there must be a relevant connection between the witness's expertise and the subject matter of the case. The judge serves as a gatekeeper, assessing the reliability of the expert's testimony and deciding whether it should be presented to the jury. This gatekeeping role is crucial to ensure that only pertinent and reliable expert testimony is considered in the courtroom. The judge's decision to admit expert testimony is guided by rules of evidence, which in Nebraska would include the Nebraska Evidence Rules, and relevant case law interpreting those rules.