R277-212-10. Expert Witnesses in UPPAC Proceedings  


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  •   (1) A hearing officer may allow testimony by an expert witness.

      (2) A party may call an expert witness at the party's own expense.

      (3) A party shall provide a hearing officer and the opposing party with the following information at least 15 days prior to the hearing date:

      (a) notice of intent of a party to call an expert witness;

      (b) the identity and qualifications of an expert witness;

      (c) the purpose for which the expert witness is to be called; and

      (d) any prepared expert witness report.

      (4) Defects in the qualifications of an expert witness, once a minimum threshold of expertise is established, go to the weight to be given the testimony and not to its admissibility.

      (5) An expert witness who is a member of the complainant's staff or staff of an LEA may testify and have the testimony considered as part of the record in the same manner as the testimony of any other expert.