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Admissability of Independent Expert Reports - Essay Example

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The question of expert witness’ evidence and its relationship to the admissibility of an independent expert report in a court of law or other judicial forums has been the focus of a large academic analysis. It is in general acceptance that where pertinent to the determination…
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Download file to see previous pages This paper discusses the admissibility of an independent expert report in a court of law or other judicial forums. It identifies and explains concerns or issues about the characteristics that a witness must possess in order for a court Royal
Commission or other duplicate resolution forum to accept him or her as an expert. It also discusses the factors that mark an expert report as either admissible or inadmissible as evidence, the factors that make a witness and expert evidence credible and the factors that limit the credibility of a witness and/or expert evidence tendered. The paper meets its objectives by citing major cases and case laws, literature, judicial surveys among others.
An expert is one who concerning any question, is knowledgeable or experienced on that question in such a way that in evidence; his or her view would be admissible on that question. An expert witness therefore is an expert who in proceedings or proposed proceedings, gives opinion evidence or provides a report with regard to his or her opinion to act as evidence. If technical, scientific or other special line of knowledge will help the judge to determine a truth in issue or understand the evidence, a witness who qualifies as an expert through education, knowledge, training, experience or skill may give evidence thereto either in form of an opinion or otherwise (RichmondTrial 2009).
It is hackneyed law that witnesses who possess a relevant degree of expertise have the competency to give evidence on the factual matters lying within their specialty to offer assistance or guidance to the judges in their ruling of the factual issues in dispute. Indeed, the adduction of expert evidence is sometimes mandatory in criminal proceedings. The courts recognize experts per se either for the reason that they possess relevant qualifications professionally or due to their relevant practical experience, or ...Download file to see next pagesRead More
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