Qualifications: An expert witness must meet specific criteria to be considered admissible:
Work in a field that is pertinent to the case’s issue
Possess expertise in their chosen field.
Have specific knowledge gained through education, training, or hands-on experience
If the expert’s professional expertise and skill set will aid the jury in better comprehending the evidence, they are qualified to give an opinion on the issue. The expert’s knowledge must be superior to the jury’s knowledge. They do not have to be the finest in the subject or have all the facts about the case, as long as their expertise is sufficient.
Reliability: An expert witness’ testimony must be backed up by facts:
Enough figures and accurate information
Principles and approaches that are widely accepted in the field
Proper use of principles and techniques
The expert’s testimony is acceptable if they use data that is not ambiguous and follows the accepted standard of practice in their field.
Helpfulness: By supporting the fact finder, an expert must bring value to the case. As a result, expert testimony is required:
A trustworthy opinion is to be provided to assist the fact-finders in reaching a decision.
Any previously unknown proper scientific linkages to case evidence are to be included
If an expert’s assumptions do not relate to the facts of the case, they are not deemed worthwhile. The expert must present information to the jury that is fresh and not obvious and ensure that their reasoning is analytically sound.
Foundation: The expert’s opinion must be founded on facts that have been agreed upon by other experts on the subject. The experts base their opinion on the information that must be correct and relevant to the case’s issue.
Characteristics and Scope of Duties
Someone who has more extensive knowledge and expertise in a particular area than a learner is an expert witness.
An expert witness’s job is to provide the court with a disinterested, non-biased, and objective opinion on a specific topic in their field of knowledge and skill.
An independent witness’s principal responsibility is to convey their own view based on their information.
Someone who testifies about what they already know is termed a facts witness. Based on the facts they supplied, a person who gives the court an independent opinion on their field of competence is called an expert witness.
An expert witness is expected to deliver an expert opinion in their field of expertise based on their facts. An expert witness must submit an expert opinion report with their testimony. They may not be allowed to deliver their opinion if they fail to prepare it as a report.
More than the person who hired them and paid their expert witness fees, the expert witness owes the court a severe duty to deliver an impartial opinion.
As an advocate, it is not their responsibility to argue in court. They must never give any party counsel. They must not offer any advice outside of their area of competence.
If one of the case’s parties appoints and instructs them, then an expert witness is a party-appointed expert, or if both sides appoint them, it is a single joint expert. An expert adviser, usually known as a shadow expert, is also present. One of the parties appoints this person that advises in dispute.
If somebody is deposed as an expert witness in a matter, one has the right to charge an expert witness fee. As an expert witness, one must provide the court with their expert opinion only on their field of competence, and they must be confident that they are as qualified as they have represented to the court.
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