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 usually paid to testify on behalf of their clients or their 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 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 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. 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. 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. The judge can ask them to share their opinions based on their knowledge and perception. Lay witnesses do not have the expertise to give an 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.