expert witness

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Related to Expert evidence: Expert opinion, hearsay evidence, Expert witnesses

expert witness

n. a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions. (See: expert testimony)

expert witness

in the law of evidence, a witness who is allowed to give opinion evidence as opposed to evidence of his perception. This is the case only if the witness is indeed skilled in some appropriate discipline. An exception to the usual rule of practice whereby witnesses are heard one after the other and do not hear the evidence of the preceding witness is made in relation to competing experts. The term skilled witness is favoured in Scotland.
References in periodicals archive ?
38) This newer standard in expert evidence is a violation of the foundational precept in American jurisprudence that the people should be the sovereign, not the judge.
expert evidence also shows that some form of overhead protection is necessary for adequate protection from the elements.
He added: "Whilst I found their reports helpful when I came to consider the legal principles and their application in this case, the fact remains that such topics are not matters for expert evidence.
Expert evidence adduced at trial established that most Quebeckers do not wish to take part in partner-swapping or group sex, which is engaged in by only 2% to 5% of the population.
Although judges have always been permitted to preview and exclude expert evidence, relatively few exercised this right prior to a trio of U.
Furthermore, this case is one of first impression under a new statute that ought to be resolved on its merits and that cannot be decided without expert evidence, Hence, it would be necessary to allow the United States to retain new experts if its current experts were precluded from testifying.
Contrary to defendant's assertion, the circumstantial and expert evidence was sufficient to support the inference that defendant and Cartoon communicated before the shooting and that defendant knew Cartoon had a gun and intended to kill (the victims),'' the ruling said.
Since 1999, nearly 40 judges have considered whether fingerprint evidence meets the Daubert test, the Supreme Court's standard for the admissibility of expert evidence in federal court, or the equivalent state standard.
The development is not in keeping with the local plan and all the expert evidence is against it.
The study's purpose, the authors wrote, was to "help Congress, the Supreme Court, the Federal Rules Committee, and other policymakers better assess the current system for screening expert evidence, target areas where more detailed study is necessary, and evaluate possible reforms.

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