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OK.  I'll try again here...  

In this thread, thread815-41729: Best organizations for Expert Witnesses, closed in 2003, the last sentence in the last post states that there was a trend in some states to require licensing as an engineers in the state of testimony, and in that particular engineering field, for persons who make statements involving engineering principles in court cases.

Does anyone know if this actually came to pass in any state law, and if so, what states?

By the way, thanks for the previous posts...

Mike McCann
MMC Engineering

RE: thread815-41729

That is, in fact, the case in Florida; however, judges can overrule that to some degree.

RE: thread815-41729


Is that a new law?  I testified in Florida in 1995, was not registered in that state, and was never challenged.

RE: thread815-41729

You need to review the state laws of interest for PE's. In Illinois, expert witness can only be provided by a registered PE. This has been in effect since 1989.

RE: thread815-41729

According to my state board, it's not that way in Washington State, yet.  

Mike McCann
MMC Engineering

RE: thread815-41729

It is difficult for me to understand why a state would restrict available expertise in construction litigation to those holding a PE licence in that state.  What if a state has no engineer with the appropriate expertise?  There are a lot of relatively obscure areas, particularly in materials based engineering disciplines, where experts are hard to find.  I am thinking not just about steel, concrete, timber design, but things like flashing, sealants, historic structures, facade engineering, etc.  All these areas involve engineering principles, but are not mainstream.

RE: thread815-41729

hokie66...it has been that way for a long time, but not usually challenged and when challenged, the person's credentials in their "home" registration state were accepted.  Most judged ignore it.

I have testified in other states in which I'm not licensed, and also have not been challenged.

RE: thread815-41729

As long as you have a PE license in the state where your expert witness business is based, you should be okay.

If you are serious about continuing to do work as an expert witness, I recommend that you establish a record with the National Council of Examiners for Engineers and Surveyors (NCEES). This is not exactly an easy process, but it is worth it. After your record is established, you are certified by NCEES as a model law engineer and you are able to get a PE license in any of the other 49 states through comity. This involves simply filling out a form and paying a license fee to the state.  

RE: thread815-41729

That's not entirely correct.  NCEES helps a lot in new comity applications, but it is basically a "file keeper".  They keep a record of the items that are typically required for application, such as, exam dates, college degree and certified transcrips, work history, reference letters, etc.  You still have to fill out the paperwork, and some states (e,g,TX) doesn't recognize it, and other states recognize parts of it (e.g. AR allows reference letters only if they're less than a year old).  Each state has its own rules.

RE: thread815-41729

No requirements that I know of.  I think it's up to the opposing attorney to challenge your credentials, whatever they may be.  A license is just one item to check off.  It doesn't make you bullet proof either.  There is also experience in the narrow field of the specific testimony for that case.

"If you are going to walk on thin ice, you might as well dance!"

RE: thread815-41729

JDCengr and Phonophilo, it seems that at least one of you has gone through the MLE certification process...would you please expand on the NCEES' process itself? What hurdles? What did NCEES request of you that made it not-an-easy process? I appreciate your advice.

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