Expert Witnesses in Divorce LawsuitsIn
Divorce lawsuits and disputes, and just as with any
civil litigation or lawsuit in the State of Texas, Rule 702 of the Texas Rules of Evidence governs the
admissibility of expert testimony.
Tex. R. Civ. Evid. 702;
E. I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 554 (Tex. 1995). Rule 702 provides:
"if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise." Tex. R. Civ. Evid. 702. The testimony must be relevant and based on a reliable foundation.
See Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 727-28 (Tex. 1998);
Robinson, 923 S.W.2d at 554. Once the opposing party objects to proffered expert testimony, the proponent of the witness' testimony bears the burden of demonstrating its admissibility.
See Broders v. Heise, 924 S.W.2d 148, 152 (Tex. 1996); Robinson, 923 S.W.2d at 557.