An expert witness is someone who is accepted by a court as an expert in a subject. This practice is very common in common law countries. These experts are often paid to testify for their clients or employers. Expert witnesses can provide evidence in court cases for many reasons.
When selecting an expert witness, it is important to choose one who is actively involved in clinical practice of the specialty involved. This will ensure that the witness is familiar with the specialty and the standards. Expert witnesses should also be familiar with contemporaneous medical literature. They should also review the facts in a fair and unbiased manner, without excluding important details.
In civil law systems, expert testimony is admissible if the expert is able to provide reliable, relevant, and probative testimony to assist the trier of fact. In both common and civil law systems, an expert is appointed by the court and is required to present facts and opinions to assist the trier of fact. The court will determine the weight of the testimony according to the facts of the case.
Expert witnesses are often called upon to quantify damages in cases where liability is established. They are usually economists, accountants, and/or statisticians with relevant experience. These professionals can also review financial documents to assist attorneys in making the best possible case. They also assess the financial situation of the defendant. If an expert witness is consulted in civil court, they will often testify about the defendant’s financial standing.
It is crucial that the expert witness maintains proper custody for the evidence that he or she is presenting. This document will allow the court to validate the expert witness’s testimony. The expert witness should include a record that includes the item description, time and date of release for all previous custodians.
Expert testimony in civil cases can be persuasive, but it is not foolproof. The court should reject any testimony that is based on flawed evidence. To avoid this, the attorney must be able to select a qualified expert. Choosing an expert should not be based on personal preference or the attorney’s personal opinions.
A lay witness can also testify at a trial. These witnesses can testify about personal experiences and opinions. A judge may ask them to give their opinions based upon their knowledge and perception. The lay witness does not have the specialized knowledge needed to give accurate and reliable opinion. Instead, he or she should be able to provide objective, rational opinions.
Expert witness qualifications must be based upon specific training, experience, education, and certification. Typically, an expert must have a graduate degree, extensive meaningful work experience, and specialized knowledge.
