Expert witnesses are called upon to provide testimony in court cases where their specialized knowledge is needed. They are hired and paid by one of the parties involved, but must provide unbiased and well-researched testimony. They are often used in cases involving large sums of money or serious crimes. Finding an expert witness has been made easier with the use of computers and legal websites.
During a hearing or trial, witnesses are called to present testimony. While most witnesses are lay people with relevant knowledge to share with the court, a court expert witness is different. The expert witness is one who is called upon by the court or one of the parties involved to give testimony to assist the court in ruling on a matter that is not obvious or public knowledge to a layman. A CTU is hired and paid by one of the persons associated with the matter under consideration by the court and, therefore, must demonstrate expertise to the satisfaction of the court before being designated as such.
These types of witnesses are called in many different types of cases for a variety of reasons. In the event of a divorce, an expert witness is often called to clarify the value of the assets, or to provide an expert opinion on the best child custody option based on home studies or psychological evaluations. During personal injury cases, expert witnesses are called upon to testify about an injured person’s past, present, or future medical condition or prognosis. Appraisers can also provide evidence about the likelihood that an ill or injured party will be able to obtain and maintain gainful employment, the value of lost past and future wages, or the potential cost of future medical bills. In criminal cases, forensic experts are often called upon to offer the court and jury the translation and application of technical and scientific data relating to evidence that may not be easily analyzed or understood by the layman.
In most cases, a court expert is employed by one party or the other and is paid by that party. Despite this fact, expert testimony should be unbiased, researched, and documented. The expert not only answers the questions of the lawyer who hired him, but must also be able to withstand cross-examination. For this reason, an expert typically presents a curriculum vitae, or résumé, detailing all prior training, education, skills, experience, publications, and testimony for attorneys and the judge to review before approving the person as court expert. The other party has the option of providing an expert report from its own expert which contradicts the testimony given by the first expert witness, assuming that there is an expert witness who disagrees with the first observations.
Because a great deal of research and preparation is required to be an expert witness, most court expert witnesses charge a hefty fee. Because the cost of hiring an expert witness is high, most court expert opinions are reserved for cases where something of great value is at stake. A small claims court case is unlikely to include expert witness testimony, because the cost of doing so would likely be greater than any recovery. In divorce or probate cases where there is a large estate to divide, court expert witnesses are more likely to testify. When a criminal case involves rape or murder, there’s more at stake than money; for this reason, it is not uncommon to hear expert evidence offered by the prosecution to explain how the evidence was collected and analyzed, or by the defense to explain how the trial was tainted or not scientifically proven.
In years past, it was more difficult and expensive to find an appraiser, but finding one has been made easier by the use of computers. Using Internet legal websites that offer databases of expert witnesses on virtually any subject, an attorney can browse experts by field, experience, and client rating. A visit to the local courthouse law library or spending time using a search engine can provide even an inexperienced layman with a list of potential experts for virtually any case.
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