What are the rules for experts in civil litigation?

In Alaska, the rules for experts in civil litigation are heavily set out in Civil Rule 26 of the Alaska Rules of Civil Procedure. According to this rule, an expert witness must first provide written reports that are approved by the court prior to trial. This report must include details such as the qualifications of the expert, the facts and opinions the expert is testifying to, the theories of the case that the expert will be testifying about, and the reasons for those opinions. At trial, the judge and/or the parties will be responsible for questioning the expert in order to determine the qualifications of the expert, the facts that were used to develop the opinion, and the basis for the opinion. During the course of the trial, the expert may be asked to explain assumptions used as the basis of the opinion, or to further clarify their opinion based on additional facts or questions presented. Another important aspect of the rules for experts in civil litigation is that the opposing party has the right to challenge the expert’s qualifications, opinions, or the fact that an opinion was formed based on incomplete facts. In such cases, the court may determine that the expert’s testimony is not admissible, or that the expert’s opinion cannot be relied upon as evidence. This ensures that only qualified and responsible experts are allowed to testify in court.

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