If the expert cannot assert that the report contains the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report.
An expert witness should state the facts or assumptions upon which his opinion is based. Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert uninfluenced as to form or content by the exigencies of litigation. In smaller cases these meeting may take place by telephone rather than a face to face meeting. Expert witnesses must confirm that they have professional indemnity cover for their expert witness work. In large or complex cases the court may allow each party to instruct their own expert and if expert evidence is required in more than one area of expertise the court will usually allow the appointment of more than one expert, provided that the cost is proportionate to the value of the dispute. Lord Phillips, a member of the majority, compared the situation of expert witnesses with that of advocates, on the basis that both owed duties to clients and to the court. The court system, and those involved with the underlying case will legally rely upon the expert witness's specialized knowledge to offer an opinion in regards to the evidence or facts within the court case. The primary duty of an expert witness is to the court; this overrides any obligation to the instructing and paying party or parties. The expert witness should bear in mind that as well as his overriding duty to the court, at the same time, when accepting instructions, he also assumes a responsibility to his client to carry out his investigations with due care and to provide opinion evidence that is soundly based. We also use third-party cookies that help us analyze and understand how you use this website. This applies as much to the initial meetings of experts as to evidence at trial. An expert witness or professional witness is an individual who testifies in a court case. Terms in this set (23) 5 types of witnesses - character witness - court witness - expert witness - lay witness - material witness. The role of an expert witness is to provide relevant and impartial evidence in their area of expertise. There is always the risk that the other side will also be aware of it. An expert should be ready to reconsider his opinion, and if appropriate, to change his mind when he has received new information or has considered the opinion of the other expert . The expert witness should not give evidence or opinions as to what the expert himself would have done in similar circumstances or otherwise seek to usurp the role of the judge. He should do so at the earliest opportunity. Following this meeting the experts should produce a joint statement setting out the matters on which they agree and the areas of disagreement, including the reasons for such disagreeme. Necessary cookies are absolutely essential for the website to function properly.
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