expert witness


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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 ?
The first seven chapters of the book give guidance that is primarily for the expert witness but that also can be applied to the lay or factual witness.
For example, after being stung by a series of particularly ugly misconduct cases, forensic scientists voluntarily raised their expert witness standards.
An expert witness is particularly necessary if the field in question is one that has been widely subjected to myth, distortion, and misinformation in the public mind.
The chosen participants will learn and improve upon the skills needed to be an effective expert witness in patent trials so that they will be able to approach their work with greater confidence and improved understanding of the role of an expert witness.
Access the Arizona Attorney Magazine Expert Witness Guide for free at the Arizona Attorney online Find an Expert Directory.
Rosemary Quinn, who runs Rose White Services Ltd, is a physiotherapist with 30 years of experience and has been on the UK Expert Witness register for 10 years.
Evolution of Florida Case Law Regarding Admissibility of Expert Witness Testimony
Supported by 2000 cases containing parenthetical descriptions and citations, the volume covers expert witness disclosure, trial preparation, expert witness testimony, jury selection, argument advice, fall-back questions, cross-examination of lay witnesses and experts, making and meeting objections, opening and closing statements, and jury instruction preparation and objections.
Subsequently, the Ruses filed a motion alleging they incurred significant legal and expert witness fees because of the condemnation proceedings.
Being able to deal with the unexpected is a key part of performing well as an expert witness and a challenge that some CPAs find exhilarating.
Two judges in the Northern District of New York have ruled that a treating physician testifying at a deposition is due a "reasonable" expert fee, regardless of whether the doctor was designated an expert witness.
Expert witness engagements are unpredictable and opposing attorneys challenge CPA witnesses in depositions and cross-examinations, testing their expertise, methodologies and testimony.