Can NTSB marine investigators testify in court proceedings of accidents they investigate?
Marine investigators may not testify in the case of a civil trial. Rather, the Board makes investigators available to attorneys for depositions. Such depositions are arranged through the Board’s General Counsel, in the investigator’s office location. Attorneys get one chance at deposing investigators so it is incumbent on the attorneys, not the investigators, to ensure that they are present for a scheduled deposition. Deposition testimony is limited to factual material only and investigators are prohibited, in such instances, from offering opinions. Investigators may testify in court during criminal proceedings. Again, all arrangements in such instances are made through the Board’s General Counsel.
