What Jurors Want and Need from Expert Witnesses

Jurors make important findings at trial. The jurors gather their information by listening to each counsel’s arguments and hearing from the witnesses each party calls at trial. Cases will often require counsel to call an expert witness to the stand to give a professional opinion about the case or explain a complex issue in a case. Expert testimony can be complex and confusing. It is important that jurors, individuals who have not been studying this case for months like counsel has, understand the expert witness’s testimony. This is especially true because the opposing party will typically call their own expert witness to testify a conflicting opinion to the other expert’s testimony. Thus, experts and lawyers need to know what juror’s want and need from the expert’s testimony. 

Put simply, jurors want to understand what the expert is saying. In order to achieve this, experts should structure their testimony in story form. Studies show that jurors process information presented at trial by constructing a narrative story. Gaps in the story will be filled by the juror from their own, non-expert knowledge and experiences. Jurors want a relevant, coherent, understandable story that keeps them engaged. The expert should speak in clear and unambiguous terms. Experts should strive to use common, everyday vocabulary to explain complex material. If the expert struggles to find the proper words to explain or illustrate a matter, analogies and more simple examples may help the expert get their point across more easily. Visual aids and hands-on demonstrations used modestly also aid in the juror’s understanding of the expert’s testimony. 

Experts must find the right balance in their presentation style. Jurors do not want to be lectured to, that is spoken to as if he or she signed up to attend a university course session on this subject. Experts should strive to teach and not lecture. Jurors are smart and competent individuals that just simply may not have knowledge in the expert’s particular field of study. Lastly, experts should be aware of their appearance, body language, and gestures. Research shows that the more confidence an expert exudes, the greater credibility their testimony is given. An expert that is able to increase their perceived level of confidence in the eyes of the jury when they consistently make eye contact with the jurors. With regard to appearance, experts should dress professionally. The positioning of the witness stand in most courtrooms gives the expert a leg up when it comes to perceived confidence because the stand is typically elevated above the jury box. The expert sits on the elevated witness stand with their back and shoulders visible giving them a commanding and authoritative presence. The expert should sit with proper posture to appear as such. Expert’s gestures should be kept to a necessary minimum so as to not distract the jurors from the spoken words. 

Although this seems like a lot for the expert to remember, most people, especially experts experienced in giving testimony, have naturally learned these techniques and employ them. For a more detailed discussion of general juror’s learning styles, click here.