Using Expert Witness

April 5, 2015

expert-witnessWhat is an expert witness? What is their role?

Are you caught up in a legal case? Are you not having any kind of confidence in the witnesses you are producing in front of the court? Do you think you need a powerful witness who can support your stake?

If yes, then you definitely need the help of an expert in the field of the case you are caught up in.

An expert witness also known as professional witness or judicial witness is a witness who is considered to have utmost and extraordinary knowledge in a particular field either through education, experience, skill set or training.

This person is consulted to have an expert opinion during the course of training or a legal case as an evidence to prove a fact in concern with the issue by the virtue of expertise. This is also known as expert opinion. He is also considered to be the fact finder of a case. The professional witness can provide essential evidence to the case.

The professional opinion is taken for critical opinions on the level of injury, sanity, reason for the success or failure of a device, loss of articles etc. when it comes to the case of intellectual property a professional’s opinion is taken to determine the quality of books, circuits etc.

In a legal case, a judge may call up for an expert opinion to evaluate the real fact of a case. This is to help the court by providing complete knowledge on the subject that needs to be given a judgment.

A professional witness is responsible when it comes to penal trials as well as perjury. The expert witness is used in civil cases where the advocates of both the sides fight with differing opinions.

Hence, it is up to the judge to decide on which expert needs to trust. The experts are lawfully prohibited from putting forward of their opinions before or after they are hired.

What is the importance of expert evidence?

A professional witness plays a major role in a legal case. He is authoritative and hence can prove to be a key element of a case. He has the ability to turn the proven evidences to be false. Such expert evidences save the innocent people from imprisonment and help in punishing the culprit. Through their extensive knowledge in the field, the witness can determine who the culprit is and who is innocent.

What are the types of expert witnesses?

Expert evidences are broadly classified into two types- testifying expert evidence and non testifying expert evidence.

Testifying Evidence: This type of professional witness communicates only during the court proceedings. They are not shown to the public. The supporting documents they put in front of the court to prove their claim will show their opinion towards the case. These evidences should not write any personal opinion on the supporting documents as it may be leaked to the other party, which may further lead to the injustice to the innocent.

Non testifying evidence: Such witnesses are hired by either of the parties of the dispute for the purpose of evaluation of the legal case.

In many cases advocates hire doctors to detect malpractice during any of the medical procedures. To support the key evidence, a nurse or a junior doctor may be called for the evaluation of the supporting documents.

Non testifying evidence is a protected individual. It is not essential for them to come in front of the jury and attend the sessions of the court in order to testify their opinion on the case. It can be said that a non testifying expert is an unknown whose participation documents are shown in the court to the jury.

Specialization for expert witness

If a person wishes to be expert evidence in a legal analysis or a court, he should be specialized in a particular subject. Though the individual works in a particular profession, he must be expertise in a particular subject. It is vital for professional witnesses to be specialized in the area which an advocate will need to solve a case.

Thus, if you are held up in a legal case and looking for evidence which can favor you, you will definitely need to take the help of expert evidence.