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 ?
Daubert charges trial courts with the responsibility to weigh specified criteria and weed out claims or defenses founded on expert evidence that cannot be shown to be reliable.
A Research on Expert Evidence and the Common Law Jury Empirical research indicates that jurors understand the adversary process, that they do not automatically defer to the opinions of experts, and that their verdicts appear to be generally consistent with external criteria of performance.
The judge granted summary judgment for the defense after he excluded Valente's expert evidence following a Daubert (26) hearing on the reliability of the methods the expert used in arriving at his conclusions.
Comprehensive presentations of the expert's testimony--which may set out the expert's opinion, methodology or approach, background assumptions, the information relied upon and summarize the key points of the expert's evidence are an increasingly important, influential tool to effectively present expert evidence and educate the trier of fact with respect to complex scientific, medical or financial matters.
Causal evidence provides a causal explanation of the event described, and, finally, expert evidence consists of a reliable and trustworthy expert who underscores the claim.
According to the parents, the special master erred by discounting their expert evidence showing a link between MMR and autism, while allowing the government's expert evidence to the contrary.
When a defendant moves for summary judgment and supports the motion with an expert declaration that its conduct fell within the standard of care, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence.
3) Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented.
Expert evidence will be outlined at an independent hearing tomorrow which will recommend if the Government should reopen a public tribunal in to the killer fire.
Other expert witnesses, Dr Niels of Oxera Consulting, for Amrac, and Dr Bishop of CRA International, for SIS came in for implied criticism when Mr Justice Morgan noted that they "went beyond the normal scope of expert evidence, as I understand it".
As with other expert evidence, except where the issue related solely to paternity testing, a letter of instruction should be sent to the company, setting out in clear terms precisely what relationships were to be analysed and, where possible, the belief of the parties as to the extent of their relatedness.

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