What does a hypothetical question ask an expert witness to do?

A hypothetical question asks an expert witness to assume proven facts when formulating their opinion. This type of question is designed to guide the witness to consider a scenario where certain facts are established and then provide a professional analysis or opinion based on those assumptions.

In legal contexts, this allows the court to understand how the expert might apply their knowledge to a specific situation, helping to clarify complex issues for the judge or jury. The goal is to elicit responses that demonstrate the expert's reasoning process and how they would address a situation where the facts lead to particular conclusions. This approach is valuable as it allows the testimony to remain relevant and grounded in the expert’s area of expertise, avoiding personal beliefs or unsubstantiated claims.

Moreover, this method helps differentiate between objective analysis and subjective opinion, ensuring that the witness focuses on their professional evaluation rather than personal experiences or unrelated cases.