ABSTRACT
Expert witnesses are indispensable to testify in administrative or court litigation involving environmental law or land use control. The initial meeting or telephone interview between the expert and attorney introduces the expert to the issues and the nature of the proceeding and allows the attorney to inquire as to the expert’s particular field of expertise, interest, availability, and initial budget for consultation. The expert uses this opportunity to assess the nature of the case, the client, the other members on the team, and the chances of success for the case. Agency staff conducting a public hearing may allow lay persons and experts alike to testify without any of the usual restrictions on relevance, foundation, hearsay, or expertise. The rule of relevancy, although administered more flexibly in agency trials, specifies that only evidence which affects issues in dispute, arising from the pleadings, may be introduced and used by the judge or hearing officer.
