One having special knowledge of the subject about which he or she is testifying. The person must be accepted by the court and must normally testify about facts rather than the law.
| Business Dictionary: Expert Witness |
One having special knowledge of the subject about which he or she is testifying. The person must be accepted by the court and must normally testify about facts rather than the law.
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| Dental Dictionary: expert witness |
A person whose education, training, and experience can provide the court with an assessment, opinion, or judgment within the area of his or her competence, which is not considered known or available to the general public.
| Law Dictionary: Expert Witness |
A witness having "special knowledge of the subject about which he is to testify" 26 A. 2d 770, 773; that knowledge must generally be such as is not normally possessed by the average person. 22 A. 2d 28, 29. The expert witness is thus "able to afford the tribunal having the matter under consideration a special assistance." 139 P. 2d 239, 242. This expertise may derive from either study and education, or from experience and observation. 43 P. 2d 716, 720. An expert witness must be qualified by the court to testify as such. To qualify, he or she need not have formal training, but the court must be satisfied that the testimony presented is of a kind which in fact requires special knowledge, skill or experience. 83 F. Supp. 722, 743. Such testimony, given by an expert witness, constitutes
| WordNet: expert witness |
The noun has one meaning:
Meaning #1:
a witness who has knowledge not normally possessed by the average person concerning the topic that he is to testify about
Antonym: lay witness (meaning #1)
| Wikipedia: Expert witness |
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| Evidence |
| Part of the common law series |
| Types of evidence |
| Testimony · Documentary Physical / Real · Digital Exculpatory · Scientific Demonstrative Eyewitness identification Genetic (DNA) · Lies |
| Relevance |
| Burden of proof · Laying a foundation Public policy exclusions Character · Habit · Similar fact |
| Authentication |
| Chain of custody Judicial notice · Best evidence rule Self-authenticating document Ancient document |
| Witnesses |
| Competence · Privilege Direct examination · Cross-examination Impeachment · Recorded recollection Expert witness · Dead Man's Statute |
| Hearsay and exceptions |
| in English law · in United States law Confessions · Business records Excited utterance · Dying declaration Party admission · Ancient document Declaration against interest Present sense impression · Res gestae Learned treatise · Implied assertion |
| Other common law areas |
| Contract · Tort · Property Wills, trusts and estates Criminal law |
An expert witness or professional witness is a witness, who by virtue of education, training, skill, or experience, is believed to have knowledge in a particular subject beyond that of the average person, sufficient that others may officially (and legally) rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of their expertise, referred to as the expert opinion, as an assistance to the fact-finder.[1] Expert witnesses may also deliver expert evidence about facts from the domain of their expertise.[2] At times, their testimony may be rebutted with a learned treatise, sometimes to the detriment of their reputations.
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Typically, experts are relied on for opinions on severity of injury, degree of insanity, cause of failure in a machine or other device, loss of earnings, care costs, and the like. In an intellectual-property case, an expert may be shown two music scores, book texts, or circuit boards and asked to ascertain their degree of similarity.
The tribunal itself, or the judge, can in some systems call upon experts to technically evaluate a certain fact or action, in order to provide the court with a complete knowledge on the fact/action it is judging. The expertise has the legal value of an acquisition of data. The results of these experts are then compared to those by the experts of the parties.
The expert has a heavy responsibility, especially in penal trials, and perjury by an expert is a severely punished crime in most countries. The use of expert witnesses is sometimes criticized in the United States because in civil trials, they are often used by both sides to advocate differing positions, and it is left up to a jury of laymen to decide which expert witness to believe. Sometimes one side has utilized an expert witness to provide fraudulent or junk science testimony in order to convince a jury. Such experts are commonly disparaged as "hired guns."
In England and Wales, under the Civil Procedure Rules 1998 (CPR), an expert witness is required to be independent and address his or her expert report to the Court. A witness may be jointly instructed by both sides if the parties agree to this, especially in cases where the liability is relatively small.
Under the CPR, expert witnesses are usually instructed to produce a joint statement detailing points of agreement and disagreement to assist the court or tribunal. The meeting is held quite independently of instructing lawyers, and often assists in resolution of a case, especially if the experts review and modify their opinions. When this happens, substantial trial costs can be saved when the parties to a dispute agree to a settlement. In most systems, the trial (or the procedure) can be suspended in order to allow the experts to study the case and produce their results. More frequently, meetings of experts occur before trial.
Experts charge a professional fee which is paid by the party commissioning the report (both parties for joint instructions) although the report is addressed to the Court. The fee must not be contingent on the outcome of the case. Expert witnesses may be subpoenaed, although this is normally a formality to avoid court date clashes.
The earliest known use of an expert witness in English law came in 1782, when a court that was hearing litigation relating to the silting-up of Wells harbour in Norfolk accepted evidence from a leading civil engineer, John Smeaton. This decision by the court to accept Smeaton's evidence is widely cited as the root of modern rules on expert evidence. However, it was still such an unusual feature in court that in 1957 in the Old Bailey, Lord Justice Patrick Devlin could describe the case of suspected serial killer Dr John Bodkin Adams thus: "It is a most curious situation, perhaps unique in these courts, that the act of murder has to be proved by expert evidence."[3]
On the other hand, expert evidence is often the most important component of many civil and criminal cases today. Fingerprint examination, blood analysis and DNA fingerprinting are common kinds of expert evidence heard in serious criminal cases. In civil cases, the work of accident analysis, forensic engineers, and forensic accountants is usually important, the latter to assess damages and costs in long and complex cases. Intellectual property and medical negligence cases are typical examples
In the U.S., a party can hire experts to help him/her evaluate the case. For example, a car maker may hire an experienced mechanic to decide if its cars were built to specification. This kind of expert opinion will be protected from discovery. If the expert finds something that is against its client, the opposite party will not know it. This privilege is similar to the work product protected by the attorney/client privilege.
If the witness needs to testify in court, the privilege is no longer protected. The expert witness's identity and nearly all documents used to prepare the testimony will become discoverable. Usually an experienced lawyer will advise the expert not to take notes on documents because all of the notes will be available to the other party.
An expert testifying in court must satisfy the requirements of Fed. R. Evid. 702.[4] Generally, under Rule 702, an expert is a person with “scientific, technical, or other specialized knowledge" who can "assist the trier of fact,” which is typically a jury. A qualified expert may testify “in the form of an opinion or otherwise” so long as: “(1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.”
Although experts can testify in any case in which their expertise is relevant, criminal cases are more likely to use forensic scientists or forensic psychologists, whereas civil cases, such as personal injury, may use forensic engineers, forensic accountants, employment consultants or care experts. Senior physicians — U.K., Ireland, and Commonwealth consultants, U.S. attending physicians — are frequently used in both the civil and criminal courts.
The Federal Court of Australia has issued guidelines for experts appearing in Australia courts[5]. This covers the format of the expert's written testimony as well as their behaviour in court. Similar procedures apply in non-court forums, such as the Australian Human Rights and Equal Opportunity Commission[6].
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
| lay witness | |
| Lay Witness | |
| Hypothetical Question |
| In Louisiana if a plaintiff loses a civil case due to the testimony of an expert can the plaintiff hold the expert witness personally liable for damages? Read answer... | |
| Can an expert witness describe the effects of an injury in court to the left side of the body when in fact the injury is to the right side and still be considered an expert in the case? Read answer... | |
| Who was the murderer in Death of an Expert Witness by PD James? Read answer... |
| Can an expert witness describe the effects of an injury to the left side of the body when in fact the injury is to the right side and still be considered an expert? | |
| How can I find expert witness on refinance? | |
| Can drug users be an expert witness in NY? |
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