“Can you state your name for the court?”

“Yes, I can.”

Would you have answered that way? FBO Partners is a rare business aviation consultancy fluent in legal concepts, and the nuances of the courts. Don’t believe us? Just ask the opposing counsel who’s attempted -and failed- to stump us in cross examination.

An Expert Witness versus a Fact Witness

In both bench and jury trials, the need for witnesses comes in two forms: Fact Witnesses and Expert Witnesses.

Fact witnesses, as the name implies, state the facts of an event they observed with their own eyes. They may not be experts at what they witnessed, and in many cases, they may simply be the innocent bystanders who observed an accident, or a crime. For example: The witness who saw the gunman pull the trigger is a fact witness; whereas the ballistics expert who could identify the gun it was fired from based on the markings on the bullet, is an Expert Witness.

An Expert Witness is one who has specific education, training and or experience in a particular subject that helps judges and juries understand complex matters. In his book “Outliers,” author Malcom Gladwell popularized the concept of the 10,000-hour rule. That is, one who has 10,000 hours, or 10 years of deliberate practice in an area is generally considered to be an expert. In complex aviation litigation, however, 10,000 hours or 10 years simply isn’t enough.