When Extension staff members are asked to examine an issue that involves several parties with different viewpoints, staff should indicate as soon as possible in the conversation that they will not testify as an expert witness regarding this matter. Furthermore, staff should state that they are required to maintain confidentiality about the situation and will only provide an analysis of the situation to the parties directly involved. When Extension staff members are asked to appear as an expert witness in court in Iowa, the staff member should decline unless their service as such a witness has been approved by their supervisor. Staff should not encourage the issuance of subpoenas, as this may require the University's counsel to appear and seek to void the subpoena. In determining whether an Extension staff member should appear, a determination should be made whether the staff member is asked to appear as a fact witness or expert witness.
Litigants have a greater right to the evidence of fact witnesses.
However, when the fundamental reason for seeking the staff member's testimony is his or her expertise, normally the staff member should not appear. If the request is made on behalf of a public agency, Extension will be more willing to provide assistance. When expert testimony is approved, Extension staff will provide objective, unbiased testimony. Extension staff should carefully follow the instructions of the court and be mindful to avoid discussing the case with the parties to litigation without the court's and the other party's knowledge. The university may collect reimbursement for the lost time for providing the service, but the Extension staff member may not accept any fees personally.