How do Wisconsin courts handle conflicting expert testimony? | Sterling Law Offices, S.C. global $post;
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– from Stephanie H. in Merton, WI

Question Details:

I prefer not going into detail just yet, but I have a question about expert testimony. I am in the midst of a court case with no legal representation. I had an expert testify, and he came up with a statistic in my favor. The individual I am in court against also brought an expert, but their testimony came up with a totally different figure. How does this work?

Family Law Attorney Response:

My apologies, but without more information, it is difficult to provide an adequate answer to your question. However, I can address your question with some generality.

When an expert provides testimony, they may introduce a figure for a statistic that directly relates to the point of the proceeding. When they do introduce their figures, they must also explain their findings and how they came up with their figure. This is open for debate, hence, another expert. This new expert must also explain their findings and how they arrived at their figure. The court will then decide based on the validity of the finding, versus the likelihood of the explanation provided, among other variables.

This is seen in the case of State ex rel. N.A.C. v. W.T.D. (In re Paternity of A.M.C.) 144 Wis. 2d 621, 424 N.W.2d 707 (1988). In this case, a singular expert gave conflicting figures. The trial court accepted this testimony without explanation. The supreme court accepted the case upon certification and reversed the decision.

My advice is to seek legal representation before proceeding any further.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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