Construction News & Events

Does an expert have to be licensed in every state to testify?

Recently there have been discussions regarding licensure for expert witnesses who provide testimony in multiple states. The debate centers on whether it was ethical for an engineer to provide expert witness testimony in a state where that engineer was not licensed.

All engineers are obligated to adhere to a state’s licensure laws if they are practicing engineering in that state. As such, a Forensic Engineer also would have to meet the applicable legal and ethical obligations for that particular state. However, in general, someone may be qualified as a technical expert by a court without possessing a professional license. Thus, it was determined by the NSPE that unless there was a particular state licensure law prohibiting unlicensed individuals from performing expert witness services, there would not be a legal need for the expert to be licensed in every state.

Further, it was determined that by being licensed in other states, the engineer demonstrated he/she met the basic minimum standard of competence and it would be a hardship to require the engineer be registered in all 50 states to serve as an expert in those states.

APEX's 'Due Diligence Diagnostic™' Service off to great start

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