In a court of law, an expert witness is a person who is accepted by the court as an expert on 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. 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 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 also review the facts in a fair and unbiased manner, without excluding important details.
Expert testimony in civil law systems is admissible provided the expert can provide reliable, relevant and probative testimony to aid the trier. 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 facts of each case will determine the weight of the testimony.
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. 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 personal experiences and opinions. The judge can ask them to share their opinions based on 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.