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Role of Expert Witnesses in Court
Jun 23, 2024
Role of Expert Witnesses in Court
General Witnesses vs. Expert Witnesses
General Witnesses
Provide evidence of things observed with their own senses.
Do not give opinions.
Judge or jury draw conclusions from their evidence.
Expert Witnesses
Typically not present at the incident giving rise to the dispute.
Involved due to their specialized skills.
Provide opinions within their area of expertise.
Offer professional services to parties and the court.
Consulted early in litigation, sometimes before a claim is filed.
Case Study: Dispute About a Charter Contract for a Boat
Context
Dispute over whether a contract existed.
Key document: handwritten, original not available, only carbon copies.
Role of Handwriting Expert
Plaintiffs consulted Mr. Davies, a handwriting expert.
Mr. Davies deemed carbon copies not authentic.
Later, the other side also consulted Mr. Davies.
Again, he opined that documents were not authentic.
Mr. Davies realized he advised both parties and refused further evidence for the second party.
Second party subpoenaed Mr. Davies to give evidence.
Legal Ruling
Plaintiffs sought an injunction to stop Mr. Davies from providing evidence.
Lord Denning's ruling:
"There is no property in an expert witness as to the facts he has observed and his own independent opinion on them."
It's a witness's duty to come to court and provide evidence as directed by the judge.
Confirms expert witness's duty is to assist the court, not the hiring party.
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