When there is no intention to place an expert’s opinion before the court, that person is referred to as an expert advisor and may take on a number of behind-the-scenes roles.
The expert is anyone with specialist knowledge not commonly held, or likely to be understood by a layman. The subsequent report - which the expert witness also prepares - would be written within a specified time scale in compliance with specific legal guidelines. When in court, the expert witness methodically presents opinion evidence based on evidence of fact. As an expert witness however, he or she needs to offer additional skills and abilities – courtroom skills and report writing, for example - which can be enhanced by training and developed over time. This may seem obvious, but note that an expert is not the same as an expert witnessĪn expert offers special expertise in a particular field. To be an expert witness, you need to be an expert.
Legal definition of expert witness trial#
Often, the evidence put forward in a trial by an expert witness can be a deciding factor in tipping the balance in favour of a well-informed, reliable well considered judgment. Here, the role of the expert witness becomes paramount. The Expert Witness in Court The Weight of EvidenceĪ court of law is a place where a fact is not a fact until it is proved - or in certain cases, disproved - by incontrovertible evidence.
In so many trials, it is the carefully considered evidence of expert witnesses that can ensure a just outcome. When expert evidence is called for in a court of law…it’s time to call in the expert witness.
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