Can a Corporation Testify as an Expert Witness?

No, at least in Delaware.  And I suspect everywhere else.

A litigant identified a corporation as an expert witness.  The court then had to decide whether such a designation is permissible.

Blogger Jim Hamilton noted:

A corporation is an artificial being, the court said, and having no mind, it must rely on the facilities of natural persons. Lacking a voice, the court continued, a corporation cannot testify. Lacking a mind , it cannot possess personal knowledge. Without a conscience, it cannot take an oath. “And because of its incorporeal nature, it cannot even meet Delaware’s statutory requirement that a person taking an oath do so ‘with the uplifted hand,’” the court concluded.

I would have thought this was self evident and am surprised that it went to the Delaware Chancery Court.

Thanks to Professor Bainbridge for the lead.


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