In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them?

For context, I would like to use a former jail correctional psychiatrist as an expert witness to give testimony that would help establish that said jail doesn't conform to constitutional standards of mental health care.

1 Answer 1


An expert witness must be independent

A former (or current) employee of a party is not independent. The court may accept their independence if the relationship was decades in the past but not otherwise.

If you want the said psychologist to testify about things that happened in the jail they aren’t acting as an expert witness anyway - they are acting as a witness of fact.

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    Thanks. The latter wasn't my goal. He left too long ago to be able to give meaningful testimony on the current conditions of the jail. Especially since they were enjoined to make improvements since his departure. I've managed to find another one local to the area that didn't do his fellowship there.
    – David Reed
    Commented Apr 29, 2020 at 21:26

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