An expert witness is someone who is accepted by a court as an expert in a subject. In common law countries, this practice is especially common. 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.
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. Both in civil and common law systems, the court will appoint an expert who is required to present facts or opinions to the trier. The court will determine the weight of the testimony according to the facts of the case.
In cases where liability has been established, expert witnesses are often called upon to quantify damages. They are usually economists, accountants, and/or statisticians with relevant experience. These professionals also review financial documents to help attorneys make the best case possible. They also assess the financial situation of the defendant. Expert witnesses are often called upon to testify in civil courts about the financial standing of the defendant.
It is important that the expert witness maintains the proper chain of custody for the evidence 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. If the testimony is based on faulty evidence, the court should disallow the evidence. In order to avoid this situation, the attorney should understand how to choose a qualified expert. The attorney should not choose an expert based on personal preferences or personal opinions.
A lay witness can also testify at 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.
Expert witness qualifications must be based upon specific training, experience, education, and certification. Experts must typically have a degree, extensive work experience and specialized knowledge.
