What is a Qualified Expert Witness?
When an individual, group, or company files for a lawsuit, the court system sometimes requires the help of an expert to determine the facts of a case. These experts are commonly referred to as “Expert Witnesses.” Their role and responsibility vary from case to case, but in general, Expert Witnesses help determine truth through a specific area of knowledge or skill. Thus, experts are often needed when technical or specialised knowledge is required to resolve a dispute. This article aims at defining various roles and responsibilities of an Expert Witness involved in litigation proceeding.
Who is Expert Witness?
An Expert Witness should be knowledgeable in a subject who testifies in court or other legal proceedings. They are often highly qualified and experienced people who can provide information and analysis to the court. They may be called upon to testify his or her opinion on facts, issues, or matters of law that are in dispute between parties.
The Role of Expert Witness in Litigation Proceedings
Qualified Expert Witnesses are often used in litigation proceedings to provide information. They should also provide knowledge, or opinions to the court on a particular subject matter.
In most cases, there are two types of witnesses presented during litigation:
1. Expert Witness – Someone who testifies in court based on their expertise. May also be called on to provide an opinion as to how something happened or what could happen if certain actions were taken.
2. Lay Witness – Testifies based on what they have seen or heard from others.
e.g. say that someone has been injured in a car accident and wants compensation for their injuries. They would hire an attorney who would gather evidence. such as photographs from the scene, and statements from witnesses that were present at the time of the accident (lay witnesses). If one of those witnesses can provide information about why something occurred during the accident, then they would be called upon as an expert witness at trial.
Basically, expert witnesses are also permitted to provide testimony on a wide variety of issues including scientific, technical, or medical matters. Their role can also vary depending on his or her area of specialty, answering questions from attorneys and justices during cross-examination.
Appointing a Suitable Expert Witness
The role of an expert witness is important and can be complicated. It varies depending on the type of case but some general responsibilities include:
- Provide background information about the field or industry in question;
- Determine whether there has been a breach of contract or negligence;
- Identify defects in design or manufacturing processes; and
- Establish how much money should be awarded for damages.
Beside the sound of knowledge and expertise, it is very important that an Expert Witness fully understands it legal obligations and duty to the court and always act ethically and professionally, for instance:
- Firstly, they should follow confidentiality obligations;
- Then, they should refrain from making any prejudicial comments about other parties or cases;
- Also, they should avoid expressing opinions on matters outside their expertise; and
- Lastly, should comply with the Expert Witness Code of Conduct accordingly.
A Qualified Expert Witness is also required to produce reports. This report will be used as evidence to prove the case or defend it against allegations raised by the opposing party. The preparation of reports requires a thorough understanding of legal terminology and procedures. Additionally, this is needed to meet all legal requirements and standard.
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