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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
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  5. What You Need to Know About Qualifying and Selecting an Expert

What You Need to Know About Qualifying and Selecting an Expert

On Behalf of Dixon & Moseley, P.C. | Oct 16, 2017 | General Practice

Expert witnesses are common in criminal and civil cases. There are all types of experts, such as use of deadly force in criminal cases to custody evaluators in divorce and paternity cases. To be qualified as an expert, he or she must pass the Daubert test.

This standard or test comes from a United States Supreme Court case, but is now written into an Indiana Rule of Evidence, which encompasses the proposed skills the expert must possess to qualify as an expert, said rule stating:

“A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a facts in issue.”1

This is a low threshold and most individuals who contend they are experts will, in fact, qualify as an expert. The bigger question to qualifying as an expert is how to pick who is an “expert”, particularly if the other side also intends to call an expert in the matter so there are competing or dueling experts.

In a recent continuing legal education class I taught, I was asked how I selected an expert; I blurted out that I try to get the “best” expert. Someone ask what that means and a hearty discussion ensued. In many areas of the law, there is a generally accepted body of experts most attorneys select from. However, the question was debated heavily as it relates to a very specific technical experts, such as a new scientific topic to how pick an expert in a foreign country.

This is a consideration you may well face with your attorney in something as common as a divorce case where real estate that is part of the marital estate is located in a different county. How do you find a qualified appraiser in Country X. What do you look for to find an expert who can do the job and do it competently; experts too can range widely in skills.

After some discussion, the groups of attorneys I was with agreed that getting a name of an expert for even an obscure topic is normally not that difficult with the internet. But without working with experts in your geographic area in a narrow, rare topic, how to do you vet someone when your case may depend on?

Generally, we came up with the following ways to assess a proposed expert (some costly, so the value of the case may come into play):

  • Does the expert have peer-reviewed published articles?
  • How many times has the expert been qualified as an expert in court?
  • Is the expert referenced in reported appellate cases and what is the treatment given to the expert by the appellate court?
  • What do other attorneys say about the expert who have used him/her in prior cases?
  • Are hearing transcripts available in paper or audio format from prior cases to listen to the expert qualify, testify and be crossed?
  • Is the expert affiliated with a University where the issue at hand is taught or researched?

Thus, if your case presents a unique need for an expert, you will probably have significant discussions with your counsel about who to use and the cost; these are the suggestions a group of seasoned trial attorneys came up with. Hopefully, this list may help you if this is the situation you face.

This blog post was written by Bryan Ciyou, Dixon & Moseley, P.C. The firm handles a wide array of civil and criminal litigation and uses experts with frequency. Dixon & Moseley, P.C. attorneys practice throughout the State. This blog is intended to provide general educational advice and is not a solicitation for legal services or specific legal advice. It is an advertisement.

  • Indiana Rule of Evidence 702(a).
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    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

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    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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