Instead, experts may testify on any subject within their area of expertise so long as their testimony will assist the jury.
Expert testimony is not limited to matters beyond the understanding of the ordinary juror. This allows other parties to effectively cross-examine the expert. In a shooting case, people who saw or heard the shooting may have relevant information to testify how many shots were fired, but only an expert who has qualifications would be allowed to answer questions about the path of the bullet.īefore trial, all experts must prepare a report summarizing their analysis and conclusions, and share the report with all other parties. They can explain digital subject matter so that non-experts can understand.
Legal definition of expert witness how to#
A lay witness can only talk about what they saw or heard, but an expert witness can give their opinion based on their expertise.įor example, a digital forensics expert can help in a court case by analyzing deleted computer files, consulting on how to preserve or retrieve data, and determining how a computer was used. There are two types of witnesses in the US legal system: lay witnesses and expert witnesses. They are called to give their professional opinion in court or to a tribunal about a particular matter that is in dispute. A party to the lawsuit (plaintiff or defendant) may be a witness. An expert witness is someone who has a lot of knowledge and experience in a specific field. a person who testifies under oath in a trial (or a deposition which may be used in a trial if the witness is not available) with first-hand or expert evidence useful in a lawsuit.
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