Riverside California Jury Instruction - 5.2 Expert Witnesses When Expert Witness Fees Represent A Significant Portion Of The Witness' Income
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FAQ
Knowledge is the primary reason experts are called to testify; their expertise is supposed to be beyond question and ensures that their testimony informs the jurors. The domain of knowledge coalesces educational credentials, publications, and experience, each of which make an expert look great on paper.
Essentially, expert evidence is opinion evidence or, the opinion of the expert. The primary function of the expert witness is to assist the court in reaching its decision by providing independent expert/technical analysis and opinion on an issue(s), based on the information provided by those instructing him.
Jurors cannot evaluate the scientific merits of such testimony. They have no alternative but to judge the testimony of expert witnesses based on the personal credibility of the witness. Positive factors such as academic degrees, specialty board certification, and publications influence credibility.
Accuracy and Credibility Many jurors base credibility of an expert witness' testimony on whether he or she is believable, has good credentials based on what the individual juror knows and whether each person likes him or her. This is the trust that these jurors potentially place in the person.
Expert witnesses are called upon in the court system to serve as an objective party to the lawsuit and never function as an advocate for one side or the other. Expert witnesses are present in litigation to explain complicated scientific issues, not to influence the jury or judge with fervor.
Expert Witness Testimony An expert witness, or an opinion witness, is a person with specialized skill sets whose opinion may help a jury make sense of the factual evidence of a case. Expert witnesses testify as to their opinion about certain facts or events.
Expert witnesses are important to many cases. They help jurors understand complex and nuanced information, they provide a sense of objectivity and credibility, and they integrate with the legal team to enhance the strength of the entire case.
Witnesses who are qualified by "knowledge, skill, experience, training, or education" and may testify in the form of an opinion in their are of expertise. What has been the central issue with experts? A central issue of such has been determine the reliability of such a witness's "scientific" expertise.
Witnesses who attend trial at the command of the court and give testimony are entitled to compensation provided by statute, and to mileage fees, which likewise are regulated by statute. The expert,' who has given testimony, is, of course, entitled to this remuneration just as is any -other witness.