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. The evidence that expert witnesses provide is used in court cases for various reasons.
It is important to select an expert witness who is actively involved with the clinical practice of the specialty. This way, the witness will be familiar with the field and the standards that apply to that specialty. Expert witnesses should also have a working knowledge of contemporaneous medical literature. They should be able to present the facts objectively and without omitting important details.
Expert testimony in civil law systems is admissible provided the expert can provide reliable, relevant and probative testimony to aid the trier. 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 facts of each case will determine the weight of the testimony.
Expert witnesses are often called upon to quantify damages in cases where liability is established. Expert witnesses are typically economists, statisticians, and/or accountants with relevant experience. These professionals can also review financial documents to assist attorneys in making the best possible case. They also evaluate the financial position 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 help the court 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.
Although expert testimony can be persuasive in a civil case, 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 in a trial. These witnesses can testify about their own experience 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.
An expert witness’s qualifications must be based on specific training, experience, and education. Typically, an expert must have a graduate degree, extensive meaningful work experience, and specialized knowledge.