Texas expert witness: experts for Texas state and federal courts.
Expert Witness Networks places board-certified physicians, licensed specialists and technical experts on Texas cases for record review, written opinions, deposition and trial testimony. Serving Houston, San Antonio, Dallas, Fort Worth and Austin and every county statewide.
How Texas courts treat expert testimony
The rules every expert must meet in Texas, medical or not.
Daubert
Texas applies a Daubert-style reliability and relevance test under Tex. R. Evid. 702. The civil test comes from E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995), and Gammill v. Jack Williams Chevrolet, 972 S.W.2d 713 (Tex. 1998), extended it to all expert testimony. Criminal courts apply the equivalent Kelly v. State, 824 S.W.2d 568 (Tex. Crim. App. 1992), test.
District courts are the general-jurisdiction trial courts, with county courts at law handling some matters. Appeals go to 14 regional courts of appeals plus the statewide Fifteenth Court of Appeals (since Sept. 1, 2024). Texas has two highest courts: the Supreme Court of Texas for civil cases and the Court of Criminal Appeals for criminal cases.
- U.S. District Court, Northern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Southern District of Texas
- U.S. District Court, Western District of Texas
Texas medical expert requirements
What a medical expert must satisfy before testifying in a Texas malpractice case.
Who qualifies as a medical expert
Texas has no same-specialty or same-board rule. A physician expert must be practicing medicine when the claim arose or when testifying (training residents at an accredited medical school counts), must know the accepted standard for the condition involved, and must be qualified by training or experience (Tex. Civ. Prac. & Rem. Code § 74.401). Only a physician may give causation opinions (§ 74.403).
Certificate, affidavit or presuit requirement
Written notice by certified mail must go out 60 days before suit, with the § 74.052 medical authorization; it tolls limitations for 75 days (§ 74.051). After suit, an expert report and CV must be served within 120 days of each defendant’s original answer (§ 74.351). Only one 30-day extension is allowed to cure a deficient report, and missing the deadline means dismissal with prejudice plus the defendant’s attorney’s fees.
Out-of-state experts
No Texas license, registration or fee is required. A qualifying physician is anyone licensed to practice medicine in one or more U.S. states (§ 74.401(g)).
Statute of limitations
Two years from the breach or from completion of the treatment or hospitalization, with no general discovery rule (§ 74.251(a)). A 10-year statute of repose also applies (§ 74.251(b)). Claims by minors are affected by open-courts case law such as Weiner v. Wasson, 900 S.W.2d 316 (Tex. 1995).
Damage caps
Noneconomic damages are capped at $250,000 per claimant against all physicians combined. Health care institutions are capped at $250,000 each and $500,000 combined (§ 74.301; Tex. Const. art. III, § 66). Wrongful-death and survival claims have a separate inflation-indexed total cap under § 74.303.
Case & Record Review
Thorough review of records, imaging, reports and evidence.
Written Opinions
Clear, defensible expert reports and affidavits.
Deposition Testimony
Prepared, credible testimony under examination.
Trial Testimony
Plain-language explanation for judge and jury.
Defense and prosecution experts in Texas
Under Ake v. Oklahoma, 470 U.S. 68 (1985), and Rey v. State, 897 S.W.2d 333 (Tex. Crim. App. 1995), an indigent defendant is entitled to expert help when the expert’s subject is likely to be a significant factor at trial. Appointed counsel are reimbursed for reasonable and necessary expert expenses under Tex. Code Crim. Proc. art. 26.05(d). In capital cases, counsel may ask for expert funds ex parte before incurring the cost (art. 26.052(f)–(g)).
We place experts in homicide, abusive head trauma (shaken baby), child abuse and non-accidental trauma, competency and criminal responsibility, and vehicular cases.
Experts we place on Texas cases
A sample of our roster. Beyond medicine we also place engineers, architects, geologists, meteorologists, questioned-document examiners, DNA specialists and attorney experts.
Questions attorneys ask about Texas experts
Does an expert need a Texas license to testify in a Texas medical malpractice case?
No. Tex. Civ. Prac. & Rem. Code § 74.401(g) accepts a physician licensed in any U.S. state, and Texas has no expert registration or fee.
When is the Chapter 74 expert report due in Texas?
Within 120 days after each defendant files its original answer (§ 74.351(a)). The court may grant one 30-day extension to cure a deficient report. If no report is served, the claim is dismissed with prejudice and the defendant recovers attorney’s fees.
Is Texas a Daubert state?
Effectively, yes. Robinson (1995) and Gammill (1998) apply a Daubert-style reliability test to all expert testimony under Tex. R. Evid. 702. Criminal courts apply the parallel Kelly v. State standard.
Can an indigent criminal defendant in Texas get a court-funded expert?
Yes, on a showing under Ake v. Oklahoma that the expert’s subject will likely be a significant factor at trial. Appointed counsel’s reasonable expert expenses are reimbursed under Tex. Code Crim. Proc. art. 26.05(d), and capital-case requests may be made ex parte under art. 26.052.
Can Expert Witness Networks provide an expert for a Texas case?
Yes. Our experts travel and testify in Texas state and federal courts for plaintiff and defense counsel, prosecutors, pro se parties and private individuals. You receive the expert’s CV and fee schedule before anything proceeds.
Sources
This page summarizes Texas law for general information as of 2026 and is not legal advice. Statutes and case law change; confirm current requirements for your matter.
Tell us what your case requires.
Call or write with the specialty, the issues in dispute and your deadline. We will find the right fit.
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