Legal Definitions - nontestifying expert

A nontestifying expert is a type of expert who is hired by a party in a legal case to provide their opinion or expertise on a particular subject, but is not expected to testify in court. This type of expert is also known as a consulting expert.

For example, in a medical malpractice case, a doctor may be hired as a nontestifying expert to review medical records and provide their opinion on whether the defendant doctor acted negligently. However, they would not be called to testify in court.

Nontestifying experts are generally exempt from the scope of discovery, meaning that their opinions and work are not subject to disclosure to the other party in the case.