Is it reversible error for a judge to refer to a witness as an “expert” to the jury and the counsel to refer to his witness as an “expert” in front of the jury prior to the witness starting his testimony and being offered as an expert? On voir dire, the counsel told the judge he was not offering him as an expert but this was never stated in the presence of the jury.

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Depends on how significant that was to the jury’s decision. Appellate courts like to say things are harmless error without some very clear prejudice.

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Sounds like a fun opportunity to challenge their credibility on cross.

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Hopefully an objection was made at the time of the references. Request a limiting instruction that makes it clear the witness was not testifying as an expert.

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Seems like a question for west law

I am trying to find some law on the question as well

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In my state if you don’t disclose them as an expert and then use their testimony as expert testimony it’s reversible error

Right. How was this person described on the witness list?

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