Bias does not disqualify an expert witness in Georgia. It goes to what the testimony is worth.
The Rule
In Walls v. Walls, 291 Ga. 757 (2012), the Georgia Supreme Court held that “alleged bias on the part of an expert witness does not render the witness incompetent to testify, but instead goes to her credibility.” That follows from OCGA 24-6-601, under which “[e]xcept as otherwise provided in this chapter, every person is competent to be a witness.” Nothing in the Evidence Code keeps a witness off the stand because of an interest in the outcome.
What Happened in Walls
The husband called his own sister as an expert witness on child custody evaluation. She was an attorney who had practiced family law for 19 years and frequently served as a guardian ad litem. The wife argued she should not have been allowed to testify because she was biased in favor of her brother. The Supreme Court found no abuse of discretion, noting that the trial court, sitting without a jury, “was free to accept the parts of [her] testimony that were credible and useful and to reject the rest.”
You Attack Bias, You Do Not Exclude It
OCGA 24-6-622 allows the state of a witness’s feelings toward the parties, and the witness’s relationship to them, to be proved for the trier of fact to consider. That is your remedy. Cross-examine the expert about who hired her, what she was paid, and how she knows your spouse.
Object at the Right Time
The wife in Walls also argued the sister should have been barred because she had previously represented her brother in another divorce. She did not raise that objection until the end of her cross-examination, and the Supreme Court held she had waived it.
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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!