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 Kosnar Group litigation support team has provided attorneys and their clients with franchise expert witness and litigation support services for years, with some of our professionals having over 35 years of franchise experience.
The published report describes the case against an optometrist, and offers an insight into the role of the expert witness in a criminal trial.
The expert witness, who has been named the prosecution's principal expert in cellular sites, admitted that MTC touch was not able to give proper explanations for inconsistencies in the original data used in the creation of the cellular coverage maps used in the trial.
However, a consultant who has prepared a claim should not be appointed as an expert witness in support of that claim.
Expert Search Group, founded by an attorney and a veteran of the expert witness industry, conducts custom searches for experts in legal matters across the United States for a flat fee that provides a cost-effective way for lawyers to retain the most qualified expert.
Other professional credentials might also be relevant when assessing the skills of a potential expert witness.
Before deposing an expert witness, learn what you can about the expert's business relationships and history of serving as an expert witness.
This is a recurrent theme in this study of the expert witness in Islamic courts.
Users can type a witness name into the simple search box (LexisNexis has a signature-red design earmarked with Google-like simplicity) and turn out immediate results, disclosing facts, behaviors, and biases pertaining to an expert witness in a case.
The duties of an expert witness can be quite broad, and can include not only testimony, but a wide range of consultation services, according to participants in the field.
Throughout the text, Robbins emphasizes that there is no "easy" way to become an expert witness.