advantages of being an expert witness over a lay witness

At that time a copy of the other side’s Expert’s Report will be given to you. If you proceed you will have to give a copy of the report to the other side in the dispute. Ensure the Expert’s Report provided to you contains the information required by the Court Rules.Provide the opinion in the form of a report and/or evidence before a Court (or other tribunal) as required.The report is required as it is not usually possible for the Expert to give evidence without it.These instructions will be shown in the Expert Witness’s Report which will be seen by the other side and the Court. Provide an independent expert opinion in their area of expertise on the subject matter in accordance with the instructions they are given.An expert adviser does not have an overriding duty to the court but to the party instructing him. In England & Wales and many other jurisdictions the Court must give permission for an Expert Witness to give evidence.Īn Expert Witness is not an expert adviser who is normally appointed by a party to assist in the formulation and preparation of a party’s claim or defence. The Expert Witness’s duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within his expertise which are in dispute. Expert Witnesses who may give opinion evidence within their expertise and in addition evidence of facts.Īn Expert Witness can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman.Witnesses of Fact who may give evidence of fact but may not normally give opinions.There are basically two types of witness: An expert can be employed in different capacities for example at arbitrations, tribunals, and litigation.Ī witness is a person giving sworn evidence to a tribunal or court of law. The primary function of an expert witness is to express his independent expert opinion based on the information that is provided.

Advantages of being an expert witness over a lay witness