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 ?
As noted in the footnotes, Articles 5 and 6 deal with Expert evidence. However, there is no indication as to when party or Tribunal Expert evidence is preferred--the Rules simply provide for the two options.
The second part of the process, if any, is the giving of concurrent expert evidence at trial.
Timothy Moulton, from Maxwell Hodge Solicitors, said: "Mr Wright sustained a serious injury to his ankle which expert evidence we obtained on Shaun's behalf suggested was not appropriately treated on two occasions by the trust's doctors."
Under Daubert, the trial judge must preliminarily determine the reliability of expert evidence by conducting an assessment of whether the expert's reasoning or methodology is scientifically valid and can be applied to the facts at issue.
The line where information generated by software crosses into the realm of expert opinion is drawn on a case-by-case basis, and in the Court's words "[t]here is no automatic or universal rule that computer-generated reports are inadmissible hearsay, or only admissible through expert evidence" (at para 25).
The failure to consider the validity and reliability of techniques and derivative opinions, or the possession of relevant expertise, as part of the admissibility determination or the application of mandatory and discretionary exclusions means that speculative opinions and impressions are frequently (mis)represented, and presumably treated, as independent and reliable expert evidence. This evidence might be probative, but it might not be.
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.
The court heard that extensive expert evidence will be called on both sides at any eventual trial at a date to be fixed next year.
Zaremba says in court documents that the board ignored expert evidence and public utility laws in making its decision.
There is still no confirmation whether the weapon was used in the murder of the five people near Smilkovci but the expert evidence resumes.
In this article, we address the following issues: (1) the admissibility and use of graphics and presentations as demonstrative aids, (2) presenting factual evidence using these types of demonstrative aids, (3) presenting expert evidence using these types of demonstrative aids, (4) the use of demonstrative aids in opening argument, and (5) the use of demonstrative aids in closing argument.

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