Are you throwing money at experts your case doesn’t need? In Florida civil litigation, expert witnesses are not a default requirement. Fla. Stat. § 90.702 makes clear that experts are only necessary when their specialized knowledge will help the judge or jury understand evidence or determine a fact in issue. This means that in cases involving technical subjects—like construction defects, product liability, or complex financial disputes—expert testimony can be critical. But in routine matters, such as straightforward breach of contract or property damage claims, expert opinions often add unnecessary cost and complexity.
Florida Rule of Civil Procedure 1.390 governs the process for disclosing and using expert witnesses. Parties must identify experts early and comply with strict deadlines for disclosure and discovery. Overusing experts can backfire: judges may exclude testimony that isn’t relevant or necessary, and opposing counsel can exploit excessive reliance on experts to challenge credibility or inflate litigation costs. Our firm has seen parties lose leverage by deploying experts where clear evidence or lay testimony would have sufficed.
The key is strategic deployment. Use experts when the facts demand specialized interpretation—such as in cases involving engineering, accounting, or scientific analysis. Avoid experts when the dispute is clear-cut and the evidence speaks for itself. Knowing when to bring in an expert, and when to keep your case lean, can make the difference between winning efficiently and losing ground to unnecessary expense.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
