Whether your expert may testify in a Georgia divorce is decided by the trial judge, and that decision is hard to overturn on appeal.
What the Statute Requires
Under OCGA 24-7-702(b), a witness qualified as an expert “by knowledge, skill, experience, training, or education” may give an opinion if the specialized knowledge “will assist the trier of fact,” and if three things are true: (1) the testimony “is based upon sufficient facts or data,” (2) it “is the product of reliable principles and methods,” and (3) the witness “has applied the principles and methods reliably to the facts of the case.”
The Judge Decides, and Is Rarely Reversed
In Landry v. Walsh, 342 Ga. App. 283 (2017), a mother in a custody modification case wanted her children’s psychiatrist to testify as an expert, and the trial court excluded him. The Court of Appeals affirmed, restating that “[a] trial court retains broad discretion in determining whether to admit or exclude evidence, and an appellate court generally will not interfere with that discretion absent abuse.”
Raise the Objection Early
OCGA 24-7-702(d) allows a party to ask for a pretrial hearing on whether a witness qualifies as an expert. Waiting is dangerous. In Van Leuvan v. Carlisle, 322 Ga. App. 576 (2013), a mother consented to the appointment of a guardian ad litem, then objected to her expert qualifications on the day of the hearing. The Court of Appeals held she had waived it.
If Your Expert Is Excluded, Make a Proffer
The mother in Landry lost for a second reason. She never told the trial court what the psychiatrist would have said, and did not identify it on appeal either. Without a proffer of the excluded testimony, she “cannot establish prejudice” and had no way to show the exclusion harmed her.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!