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 ?
In prosecuting a client's case, A employed expert witnesses and private investigators.
Several ethical codes and statutes reflect public policy concerns as to contingent fee agreements for expert witnesses. Courts rely on these codes of ethics and statutes to identify the public policy applicable to expert witness contingent fee agreements.
Witness immunity first applied to general witnesses at trials and was expanded to cover expert witnesses. The common law expert witness immunity developed because the legal system recognized that the trier-of-fact needed assistance in properly deciding technical problems.
Occasionally, expert witnesses will be present at the trial during the testimony of the witnesses.
For expert witnesses, this guide outlines a method for examining evidence and testimony related to the sleepwalking defense.
(4) The UK Register of Expert Witnesses conducts a biannual survey on expert fees amongst its members.
Critique: For over 20 years, Stanley Brodsky s books have been essential guides for psychologists, psychiatrists, and other mental health professionals who are called to testify as expert witnesses. "The Expert Expert Witness: More Maxims and Guidelines for Testifying in Court" is but the most recent addition to a truly impressive legacy and should be considered essential reading for students and practicing psychologists and psychiatrists -- especially since it is quite likely that sometime in the course of their professional careers they will be called upon to give testimony in a court with respect to a client or patient.
His testimony builds on that provided by other expert witnesses last month about how the prosecution assembled call sequence records.
The financial complexities involved in most modern business disputes often necessitate the need for financial expert witnesses to provide testimony for inclusion as evidence in legal trials.
SB 1792 limits the pool of expert witnesses in medical malpractice cases and gives defendants earlier access to the plaintiff's health-care providers.
JUDGES in the Kimberley Hainey appeal case have been accused of taking science back 100 years by branding expert witnesses quack doctors.

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