Discover how expert testimony influences summary judgment motions. Learn when experts are required, how to use their reports effectively, and how Legal Husk can support your MSJ strategy.

The Role of Expert Testimony in Summary Judgment Motions

Introduction

Expert testimony can be the tipping point in a motion for summary judgment. Whether you’re trying to prove causation, disprove liability, or establish the standard of care, expert reports and declarations are often the most persuasive—and sometimes essential—evidence.

But when is expert testimony required to survive summary judgment? And how can you use it effectively to win your motion?

This article explores the role of expert evidence in summary judgment practice, common pitfalls to avoid, and best practices for leveraging expert opinions in court.

Need help preparing an expert-supported MSJ? Visit legalhusk.com or legalhusk.com/services/civil-litigation.

Why Expert Testimony Matters in Summary Judgment

• It can help establish or refute causation or standard of care.
• Courts rely on it in complex or technical cases beyond a layperson’s understanding.
• It can neutralize opposing expert opinions and clarify disputed issues.

In many personal injury, medical malpractice, product liability, or employment cases, summary judgment often hinges on competing expert declarations.

When Expert Testimony Is Required

1. Medical Malpractice

• Required to establish the standard of care and breach
• Lay opinions usually not accepted

2. Toxic Torts / Product Liability

• Needed to prove that exposure caused injury
• Expert must connect scientific principles to the case

3. Complex Financial or Employment Cases

• To establish damages, causation, or industry norms

Without expert evidence in these cases, courts may grant summary judgment against the party who bears the burden of proof.

When It’s Not Required

1. Obvious or Simple Claims

• Clear negligence cases (e.g., rear-end auto collisions)
• Cases where lay testimony or documents are sufficient

2. When the Opposing Party Hasn’t Presented One

• You may not need an expert if the other side’s claim lacks expert support

However, using an expert can still strengthen your MSJ and protect against a late-stage rebuttal.

How to Use Expert Testimony in Summary Judgment

1. File a Declaration or Affidavit

• Must be based on personal knowledge
• Include CV or qualifications
• Explain methodology and factual basis

2. Attach the Expert Report

• Use clear formatting and include all exhibits
• Pinpoint citations to relevant paragraphs or conclusions

3. Authenticate the Expert’s Credentials

• Establish foundation under Rule 702 (Federal Rules of Evidence)
• Show they are qualified in their field

4. Address Opposing Opinions

• Rebut inaccurate assumptions
• Discredit flawed methodology
• Explain why your expert’s opinion is more reliable

Common Pitfalls to Avoid

• Submitting reports without sworn declarations
• Relying on experts with unclear or controversial methods
• Ignoring Daubert challenges to admissibility
• Using vague or conclusory opinions (“It may have caused…”)

Best Practices

• Hire your expert early in the case
• Use them in both discovery and MSJ stages
• Ensure their report aligns with legal arguments in the MSJ
• Have them prepare a declaration specifically for the motion

How Courts Evaluate Expert Testimony in MSJs

Courts consider:

• Whether the testimony is relevant and reliable
• Whether it creates or resolves a genuine issue of material fact
• Whether it complies with evidentiary standards

If both parties submit credible expert opinions, the court usually lets the jury decide.

Examples of Winning Expert Use

For Plaintiffs:

• An orthopedic surgeon links a back injury directly to a workplace fall.
• A toxicologist explains how long-term exposure to a chemical caused illness.

For Defendants:

• An economist calculates that alleged lost wages are speculative.
• A physician testifies that the plaintiff’s injury was unrelated to the incident.

How Legal Husk Can Help

At Legal Husk, we:

• Draft MSJs and opposition briefs with expert affidavits
• Prepare Daubert-compliant expert declarations
• Format and cite expert reports properly for court filing
• Analyze when expert testimony is necessary and how to use it

📌 Available at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Expert testimony is a powerful force in summary judgment motions. Whether it strengthens your case or defends against dismissal, its value lies in clarity, credibility, and admissibility.

📩 Need help incorporating expert evidence into your MSJ? Visit Legal Husk to purchase professionally drafted legal documents supported by expert analysis.