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ExpErt WitnEss tEstimony
Submitted to: Submitted By:
Mr. Ketan Sir Ishwar Dhare
SVIFS, SVVV
EXPERT WITNESS
• An expert witness is a person whose opinion by
virtue of education , training , certification , skills or
experience, is accepted by the judge as an expert.
The judge may consider the witness's specialized
(scientific, technical or other) opinion
about evidence or about facts before the court
within the expert's area of expertise, referred to as
an "expert opinion“. Expert witnesses may also
deliver "expert evidence" within the area of their
expertise.
Role of expert witnesses
• Experts are relied on for opinions on severity of injury, degree
of sanity, cause of failure in a machine or other device, loss of
earnings and associated benefits, care costs, and the like.
• The tribunal itself, or the judge, can in some systems call upon
experts to technically evaluate a certain fact or action, in order
to provide the court with a complete knowledge on the
fact/action it is judging. The expertise has the legal value of an
acquisition of data. The results of these experts are then
compared to those by the experts of the parties.
Duties of expert
• The expert has a great responsibility, and especially in penal trials, and perjury by an
expert is a severely punished crime in most countries.
• Expert evidence is often the most important component of many civil and criminal
cases today. Fingerprint examination, blood analysis, DNA fingerprinting, and forensic
firearm examination are common kinds of expert evidence heard in serious criminal
cases. In civil cases, the work of accident analysis, forensic engineers, and forensic
accountants is usually important, the latter to assess damages and costs in long and
complex cases. Intellectual property and medical negligence cases are typical
examples.
• Electronic evidence has also entered the
courtroom as critical forensic evidence. Audio
and video evidence must be authenticated by
both parties in any litigation by a forensic
expert who is also an expert witness who
assists the court in understanding details
about that electronic evidence.
Types of expert witnesses
• Testifying experts
• If the witness needs to testify in court, the
privilege is no longer protected. The expert
witness's identity and nearly all documents used
to prepare the testimony will become
discoverable. Usually an experienced lawyer will
advise the expert not to take notes on documents
because all of the notes will be available to the
other party.
• Although experts can testify in any case in
which their expertise is relevant, criminal
cases are more likely to use forensic
scientists or forensic psychologists, whereas
civil cases, such as personal injury, may
use forensic engineers, forensic
accountants, employment consultants or care
experts.
• Educating witness
• The educating witness teaches the fact-finder (jury or,
in a bench trial, judge) about the underlying scientific
theory and instrument implementing theory. This
witness is an expert witness, called to elicit opinions
that a theory is valid and the instruments involved are
reliable. The witness must be qualified as an expert
witness, which may require academic qualifications or
specific training.
• Reporting witness
• Called after teaching witness leaves stand.
Usually the laboratory technician who
personally conducted the test. Witness will
describe both the test and the results. When
describing test, will venture opinions that
proper test procedures were used and that
equipment was in good working order.
• Non-testifying experts
• The non-testifying expert can be present at the
trial or hearing to aid the attorney in asking
questions of other expert witnesses. Unlike a
testifying expert, a non-testifying expert can be
easily withdrawn from a case. It is also possible
to change a non-testifying expert to a testifying
expert before the expert disclosure date.
Role of expert witnesses in ballistics
• Ballistics opinion by forensic expert witness are
highly subjective. This means that a forensic expert
witness assessment of the quality and the quantity
of the resulting tool marks (i.e. the marks imparted
from the gun to the bullet and/ or casting) and the
decisions of what does or what does not constitute
a “match” comes down to a subjective
determination based on the expert’s intuition and
experience.
Reference
• https://en.wikipedia.org/wiki/Expert_witness
Thank You

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Expert Witness Testimony

  • 1. ExpErt WitnEss tEstimony Submitted to: Submitted By: Mr. Ketan Sir Ishwar Dhare SVIFS, SVVV
  • 2. EXPERT WITNESS • An expert witness is a person whose opinion by virtue of education , training , certification , skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, referred to as an "expert opinion“. Expert witnesses may also deliver "expert evidence" within the area of their expertise.
  • 3. Role of expert witnesses • Experts are relied on for opinions on severity of injury, degree of sanity, cause of failure in a machine or other device, loss of earnings and associated benefits, care costs, and the like. • The tribunal itself, or the judge, can in some systems call upon experts to technically evaluate a certain fact or action, in order to provide the court with a complete knowledge on the fact/action it is judging. The expertise has the legal value of an acquisition of data. The results of these experts are then compared to those by the experts of the parties.
  • 4. Duties of expert • The expert has a great responsibility, and especially in penal trials, and perjury by an expert is a severely punished crime in most countries. • Expert evidence is often the most important component of many civil and criminal cases today. Fingerprint examination, blood analysis, DNA fingerprinting, and forensic firearm examination are common kinds of expert evidence heard in serious criminal cases. In civil cases, the work of accident analysis, forensic engineers, and forensic accountants is usually important, the latter to assess damages and costs in long and complex cases. Intellectual property and medical negligence cases are typical examples.
  • 5. • Electronic evidence has also entered the courtroom as critical forensic evidence. Audio and video evidence must be authenticated by both parties in any litigation by a forensic expert who is also an expert witness who assists the court in understanding details about that electronic evidence.
  • 6. Types of expert witnesses • Testifying experts • If the witness needs to testify in court, the privilege is no longer protected. The expert witness's identity and nearly all documents used to prepare the testimony will become discoverable. Usually an experienced lawyer will advise the expert not to take notes on documents because all of the notes will be available to the other party.
  • 7. • Although experts can testify in any case in which their expertise is relevant, criminal cases are more likely to use forensic scientists or forensic psychologists, whereas civil cases, such as personal injury, may use forensic engineers, forensic accountants, employment consultants or care experts.
  • 8. • Educating witness • The educating witness teaches the fact-finder (jury or, in a bench trial, judge) about the underlying scientific theory and instrument implementing theory. This witness is an expert witness, called to elicit opinions that a theory is valid and the instruments involved are reliable. The witness must be qualified as an expert witness, which may require academic qualifications or specific training.
  • 9. • Reporting witness • Called after teaching witness leaves stand. Usually the laboratory technician who personally conducted the test. Witness will describe both the test and the results. When describing test, will venture opinions that proper test procedures were used and that equipment was in good working order.
  • 10. • Non-testifying experts • The non-testifying expert can be present at the trial or hearing to aid the attorney in asking questions of other expert witnesses. Unlike a testifying expert, a non-testifying expert can be easily withdrawn from a case. It is also possible to change a non-testifying expert to a testifying expert before the expert disclosure date.
  • 11. Role of expert witnesses in ballistics • Ballistics opinion by forensic expert witness are highly subjective. This means that a forensic expert witness assessment of the quality and the quantity of the resulting tool marks (i.e. the marks imparted from the gun to the bullet and/ or casting) and the decisions of what does or what does not constitute a “match” comes down to a subjective determination based on the expert’s intuition and experience.

Editor's Notes

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