Can an "engineer" w/o a PE provide testimony as an expert witness?

Factual Questions
1

Can an “engineer” without a PE (professional engineer’s license) provide testimony as an expert witness in the United States? Would the answer vary by state perhaps since (IIRC) each state has it’s own standards for PEs?

Until recently, I would have thought the answer was ‘no’ throughout the US. However, I was taught by a college professor (not a PE) last semester (it was a course in mechanical failiure) who said he testified in a court cases where metal pipelines failed and in another case involving a broken surgical rod. The classmates and I were assigned to perform our own failure analyses using electron microscope photos and some background info. He testified in Tennessee and Kentucky.

Maybe a PhD is a reasonable substitute for a PE in expert testimony?

Perhaps, a metallurgical PE is difficult to find 'round these parts so the prof was the best alternative.

2

Yes.

The qualifying of a witness as expert is left to the discretion of the trial judge. A person with formal training but lacking a license could certainly be found to qualify as an expert. Of course, the other side is free to haul in their own expert WITH a license, and tout the fact that their expert is licensed and the other side’s is not.

3

Which legitimizes the old-time definition of an expert as “A guy away from home, with a briefcase.”

4

That’s not quite enough - engineering experts need hard hats too.

5

Bricker nailed it (as he is wont to do). In my court, I’ve certified witnesses as experts who didn’t have fancy degrees or certificates, when

  • the witness knew a lot more about the subject than either a layperson or I would,
  • the other side had no expert witness of its own, and
  • the other side had no persuasive basis for objecting to such certification.

Certainly it’s better to have a prospective expert witness with lots 'o impressive initials after his name, but that’s not always an option.

And of course, even after the witness is certified as an expert, he might still come across as ignorant or a jerk, in which case his testimony will cut very little ice.

6

And hairy ears, big boots, heavy books, and slide rules on their breeches. Oh yes, they also live in caves and ditches.

7

Hairy ears ??!! Goodness, I think I’ll throw my Expert Witness status away before that happens to me. :wink: I don’t think Hubby would find that attractive at all.