Criteria & Procedure

I: APPLICATION FOR VALIDATION BADGE

1.1 An expert witness will fill out an online application on the Expert Witness Exchange website.
A. The application will include fields to meet all criteria that is deemed necessary by the Expert Witness Validation Committee.
B. The applicant must upload a current curriculum vitae (CV).
C. The applicant must provide authorizations for release of information necessary to obtain information per the Criteria to Evaluate for Validation.
D. The application will include the following affirmations/acknowledgements from the applicant:

  1. The information provided is true and accurate to the best of my belief and withholding of information or giving of false information will result in denial of my application for a Validation Badge.
  2. I have read and agree to be bound by the terms and conditions of the application and appeal process and waive any right to claim damages should my application be denied or my Validation Badge be revoked.
  3. My personal background does not include items which are determined to be a basis to deny or revoke a Validation Badge and I will promptly notify the The Expert Witness Exchange, LLC if any of these events occur subsequent to Validation Badge issuance and prior to renewal (the items will be listed within the application).

1.2 The The Expert Witness Exchange, LLC will set all fees to be collected and require authorizations necessary to collect the information as deemed necessary by the Expert Witness Validation Committee.

1.3 The The Expert Witness Exchange, LLC may list the expert as “Validation Badge issuance pending” to denote an expert’s submission for validation status.

II: CRITERIA TO EVALUATE FOR VALIDATION

The Expert Witness Validation Committee recommends the following criteria to be assessed in evaluating an application for a Validation Badge:

2.1 Professional Licensure and Disciplinary
A. Verification of Licenses to establish if they are active, inactive, or expired, as well as to obtain any relevant information including prior disciplinary actions and/or suspensions of the license.

  1. If license(s) is/are verified as listed on the application and/or CV – the committee recommends that this meets the criteria for a Validation Badge so long as there are no disciplinary actions and/or suspensions associated with the license.
  2. If additional license(s) is/are identified during the verification process that are not listed on the application and/or CV—including identifying lost or abandoned licenses—the committee recommends that this would not preclude the assignment of a Validation Badge unless a disciplinary history is associated with the license.
  3. If the criteria of 2.1 are not met for Validation Badge, the application should be returned to the Expert Witness Validation Committee for review.

2.2 Professional Certifications
A. Verification of Certifications listed on the application and/or CV and to establish if they are active, inactive, or expired.

  1. If Certification(s) is/are verified as listed on the application and/or CV, the committee recommends that this meets the criteria for a Validation Badge.
  2. If additional Certification(s) is/are identified during the verification process that are not listed on the application and/or CV, including identifying lost or abandoned Certifications, the committee recommends that this would not preclude the assignment of a Validation Badge unless the Certification was involuntarily removed by the Certification Body.
  3. If the criteria of 2.2 are not met for Validation Badge, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

2.3 Educational History and/or Degrees Received
A. Verification of Educational History

  1. If the Educational History and/or Degrees received is/are verified as listed on the application and/or CV, the committee recommends that this meets the criteria for a Validation Badge.
  2. If additional educational History and/or Degrees is/are identified during the verification process that are not listed on the application and/or CV, including identifying lost or abandoned licenses, the committee recommends that this would not preclude the assignment of a Validation Badge.
  3. If the criteria of 2.3 are not met for Validation Badge, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

2.4 Malpractice History Related to Expert Witness Work
A. Verification of Malpractice History related to Expert Witness Work

  1. If there are no adverse Malpractice Judgments related to the Expert Witness Work or relating to their field of expertise, the committee recommends that this meets the criteria for a Validation Badge.
  2. If there are adverse Malpractice Judgments related to the Expert Witness Work or relating to their field of expertise identified on the application, or that is identified during the verification process, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

2.5 Professional Work and Teaching Positions
A. Verification of work history and teaching positions

  1. If Professional Work and Teaching Positions are verified as listed on the application and/or CV, the committee recommends that this meets the criteria for a Validation Badge.
    a. Professional Work and Teaching Experience will only be verified as relevant to expert’s area of expertise for the past fifteen years.
  2. If additional Professional Work and Teaching Positions are identified during the verification process that are not listed on the application and/or CV, the committee recommends that this would not preclude the assignment of a Validation Badge.
  3. If the criteria of 2.5 are not met for Validation Badge, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

2.6 Criminal History
A. Verification of Criminal History

  1. If within the application, or during the verification process, it is determined that the applicant has been convicted of a felony, the Expert Witness Validation Committee recommends denial to the application for a Validation Badge.
  2. If there are misdemeanor convictions identified on the application, or that is identified during the verification process, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

2.7 Civil Penalties or Findings that Involve Misconduct
A. Verification of Civil Penalties or Findings that Involve Misconduct

  1. If there are no instances of Civil Penalties or Findings that Involve Misconduct identified on the application, the committee recommends that this meets the criteria for a Validation Badge.
  2. If there are instances of Civil Penalties or Findings that Involve Misconduct identified on the application, or that are identified during the verification process, the application should be returned to the Expert Witness Validation Committee for review/recommendation.

III: APPROVAL/DENIAL OF VALIDATION BADGE APPLICATION

3.1 Where the criteria to evaluate for validation are clearly met, an expert witness Validation Badge may be issued automatically, without Committee deliberation.
A. The Expert Witness Exchange, LLC will notify the applicant in writing of the application approval and will include documentation on the extent and limitation of Validation Badge use, and include disclaimers/limitations that must be included wherever the Badge is posted.

3.2 If any element of the criteria to evaluate for validation is not met, the approval or denial of a Validation Badge shall await Committee deliberation in the manner that the Committee deems appropriate. This may include an email poll after circulation of the issue(s) under consideration.

IV: APPEAL OF DENIED APPLICATION AND WITHDRAWAL OF BADGE

4.1 If an application is denied, the Expert Witness Validation Committee recommends that the denial should state the reason for denial and provide an appeal process.
A. A. Appeal Process

  1. An appeal must be received by the The Expert Witness Exchange, LLC within 45 days of the date of the denial.
  2. The applicant will include additional documentation specific to the reason of denial (if necessary) along with an explanation addressing all reasons for the denial.

4.2 Withdrawal of prior badge issuance is possible upon receipt of new disqualifying information. If this occurs, The Expert Witness Exchange, LLC will notify the applicant in writing and will include details of the withdrawal and provide the appeal process.

V: VALIDATED EXPERT REGISTRY

5.1 The Expert Witness Validation Committee recommends the establishment and maintenance of a Validated Expert Registry, which should minimally contain:
A. The names of each recipient of an Expert Witness Exchange Validation Badge to be maintained in a format consistent with best practices along with general limitations, the criteria utilized for validation, and specific disclaimers associated with the individual’s Badge which must be displayed where the individual displays their Validation Badge.
B. The names of all experts who are issued a Validation Badge should be published quarterly in the Expert Witness Chronicle and maintained in the Registry database.

Validation FAQ

What is the Validation Badge?

The Validation Badge is a credential that establishes to a high degree of certainty that you are a valid participant in the judicial process.

Who recommended the Validation Badge Criteria?

After conferencing on more than one occasion, sharing opinions, and finally reaching a consensus, the Expert Witness Validation Committee unanimously recommended the adopted criteria and procedures for the verification of expert witness credentials and background information.

Why should I apply for a Validation Badge?

Experts should apply for a Validation Badge as proof positive that you accurately represent your credentials, education, and work experience. With a Validation Badge, nothing in your background is likely to become a distraction from the qualitative opinions that you form and may offer into evidence. The Validation Badge distinguishes you from those who do not possess the credential, thereby removing doubt about the validity of what you say about yourself on your CV and in court testimony. This in turn provides increased assurance to the retaining attorney.

May I display the Validation Badge on my personal website and/or social media for marketing purposes?

Yes, but in order to comply with the FTC guidelines on the use of endorsements, you must maintain the electronic link back to the website, which will already be digitally embedded into each badge the Expert Witness Exchange issues.

How much does the Validation Badge cost?

The application cost for a Validation Badge is $350.00, although members of collaborative expert witness associations may be entitled to discounts. Inquire with any associations with whom you are affiliated, or ask us by sending your message to info@expertwitnessexchange.com.

Will there be an annual re-validation?

Yes, unless you ask the Expert Witness Exchange not to do so, or fail to pay the annual re-validation registry fee. Note that the Expert Witness Exchange reserves the right to conduct a re-validation on its own at the request of another person or entity who pays the required fee.

May an attorney request validation of an opposing expert?

While the technology to do this certainly exists, we are not offering this service to opposing counsel in the hope and expectation that the Validation Badge will be received as an important credential for an expert to possess and be voluntarily embraced.

May an interim re-validation be requested?

Yes, so long as the possessor of the badge, another person, or another entity requesting the re-validation pays the required fee.

How do I apply for my Validation Badge?

1. Click “Register your interest as an Expert” on our homepage. Upload your CV and a digital photo of yourself. In addition to your contact details, indicate that you would like to obtain the Validation Badge credential. Your photo is required in JPEG format at the time of application submission 2. Complete the online application at the Marketplace URL link you will be provided with. 3. Remit the Validation Badge application fee.