Sentences with phrase «as an expert witness if»

If you have been involved in a complex auto accident, the attorney may represent you fully or choose to engage an accident reconstruction expert who will serve as an expert witness if necessary.

Not exact matches

If you have experience in a specific field, consider starting a business as an expert witness.

Undue influence plays a role in many - if not most - cases of financial abuse, says Dr. Bennett Blum, a physician specializing in forensic and geriatric psychiatry who serves as an expert witness in elder abuse cases.

As an expert witness myself, I've questioned while working on legal cases within the community, who would be my peer support if I were to face some sort of persecution within my practice by an unfamiliar or hostile adversary?

It doesn't feel as if Greengrass has staged the events, but that his camera (in the expert hands of cinematographer Ivan Strasburg) happened to be there when the tragedy occurred, a witness to the British officers» planning, to the marchers» anger and panic, to the soldiers» gung - ho macho and to the cover - up that followed.

Programs and Trainers shall make themselves available as expert witnesses to the dog's training if needed in a legal situation.

Regarding whether those ignorant in statistics can understand Hansen's latest papers, I'm a perfect test case: My knowledge of stats is low (if I had ever heard the term «sigma» before, I don't recall it), and only have a basic humanities major's ability to grasp scientific arguments (well, maybe a little better since I work with scientists as expert witnesses).

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

If they cease to be as objective as possible they have failed as an expert witness and also as a scientist.

If the two proposed defense witnesses are being proffered as experts, and this is a Daubert challenge, I hope the government's argument is better than the blurb makes it sound.

So if you happen to be the plaintiff in a lawsuit alleging that the defendant's product has caused you to suffer severe social alienation, who better to call as an expert witness on alienation than the selfsame Martin Gore?

If you require an expert witness, you must also seek permission from the procedural judge to adduce such evidence, and he may well give directions as to whether the expert should be a single joint expert or a party - appointed expert.

If you could alter one thing about the process you undergo as an expert witness, what would you change?

If you decide to make a personal injury (PI) claim, then you will most likely use an expert witness to testify as to your mental and physical state after the accident.

It is (iii) which remains the critical area and which, though not seriously under challenge in Kennedy v Cordia, was directly addressed by the court: «[51] Impartiality and other duties: If a party proffers an expert report which on its face does not comply with the recognised duties of a skilled witness to be independent and impartial, the court may exclude the evidence as inadmissible.»

The legal profession, if instructing experts, should refer to the new expert witness guidance developed by the British Psychological Society, which as part of the Expert Witness Advisory Group I helped to dwitness guidance developed by the British Psychological Society, which as part of the Expert Witness Advisory Group I helped to dWitness Advisory Group I helped to develop.

The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.

Ensure you are up to date with the relevant procedural rules If you are interested in attending any Expert Witness Law and Procedure Courses to ensure that you are up to date with the current procedural rules that affect you and your duties as an expert we have the following public courses scheduled over the coming months:

A legal fee (being a fixed fee including GST, if any, for services) and, if relevant, disbursements (being all related costs such as office expenses and registration fees, but excluding any court filing fees or expert witness fees that may be required — these will be charged separately).

Family Law Arbitration is a process where a third - party neutral expert receives the facts, the evidence, and the legal argument in advance, as much or as little as you agree to submit; has a unique understanding of the law; and then conducts an oral hearing to let the parties and / or their counsel make oral submissions, and cross-examine witnesses, if they wish.

If he was to exclude the academic articles on the ground that their makers were not experts as defined by r 35.2 and were not to be called as expert witnesses, this would have startling consequences.

Prior to the case conference, the parties will be required to file a case conference summary outlining the documents to be used at the hearing, any production issues, the preference of type of hearing (written, electronic or in - person), a list of witnesses (including an explanation as to why more than two expert witnesses are required, if applicable) and the details of the most recent settlement offers.

That quote will cover off all court appearances from first appearance to the trial or sentencing; it covers all letters and communications with you, the Crown, experts; it covers all communications with parties including witness preparation, and trial preparation; it covers the drafting of legal applications and arguments and the time spent researching relevant case law; it also covers all costs associated with the presenting your case in a brief to the Crown as part of the plea bargaining process and / or the costs associated with a trial if the matter proceeds that way.

If I decide to take the case, Doc continues to act as my consultation, helps me to prepare expert witnesses, etc..

It is very difficult to understand the evidence as a whole if the plaintiff's testimony is preceded by or interrupted by an expert or other witness.

Family cases need to be decided fairly and if an expert is proferred as a witness to give expert opinion evidence it is the Judge's role to act as a gatekeeper to ensure only proper family law expert evidence is admitted into the record.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

«(5) If the government seeks in an action... to recover the cost of health care benefits on an aggregate basis, (b) the health care records and documents of particular individual insured persons... are not compellable except as provided under a rule of law, [or, a] practice or procedure that requires the production of documents relied on by an expert witness».

If Morgan & Morgan attorneys believe your injuries were caused by negligence, they can begin an investigation, which involves talking with experts — such as medical professionals or accident reconstruction specialists — and witnesses to gather support for your claim and accurately determine what happened.

In addition, a witness qualified as an expert in a medical specialty that is unrelated to the malpractice claim may only testify if it can be proven that the standards of care and practice in the two specialties are substantially similar.

A Member State shall treat any violation of an oath by a witness or expert in the same manner as if the offence had been committed before one of its courts with jurisdiction in civil proceedings.

Under KRE 803 (18), known as the learned treatise rule, statements from such a document are not excluded by the hearsay rules, even though the declarant is not available as a witness, when these statements are used in questioning an expert witness, either on direct or cross, if the statements are established as a reliable authority either by the witness, other expert testimony, or by judicial notice.

A small proportion (13 %) of the expert witnesses said they would stop acting if immunity from suit was restricted, as may happen depending on the outcome of a case currently before the Supreme Court, Jones v Kaney.

Charles J decided that because of a familiar bone fragility and the parent's ability to discharge the evidential burden of possible accidental injury, there was insufficient evidence to satisfy the threshold criteria, commenting at para 155: «If parents impress a court... as credible witnesses... that is a factor in the overall factors to be taken into account which effectively reverses the degrees of likelihood placed upon the likely causative event identified by medical experts.»

If the methods set out above have failed to find a suitable expert, solicitors will consult relevant organisation such as the Expert Witness Institute, the Academy of Experts or the Society of Expert Witnesses.

It would take really egregious facts and serious damages caused by the conduct to make the case stick, and I doubt that you could find an appraiser willing to testify as an expert witness that this conduct rose to a violation of the standard of care for an appraiser, even if it was not a case of «best practices» in the profession.

The Judge's function is to decide whether someone is suitably qualified to act as an expert witness (if the Barristers disagree on this, they typically ask the Judge for a ruling).

Under the general principles of common law, if you hire an appraiser, and there is no contractual or statutory waiver of a right to sue, you would have to show that (1) there is the standard of professional conduct applicable to the appraisal profession in preparing the appraisal that requires the use of the best available comparables (probably with an expert witness certified as an appraiser), (2) the appraiser in this case engaged in conduct that breached the standard of professional conduct applicable to appraisers, (3) this breach caused you harm that was reasonable foreseeable at the time the appraisal was prepared, and (4) that you suffered quantifiable damages that were foreseeably caused by this breach of duty.

However, if you lose the case, you might have to cover the expenses your attorney racked up, such as expert witnesses, copies of medical reports and court filing fees, says Worters.

It also covers the role of outside counsel and expert witnesses if a claim goes to litigation, as well as the role insurance plays in legal issues.

The attorney and expert could consider another role for the expert to assist in the case if needed, such as a trial consultant where the expert can, among other things, craft questions for the attorney to ask other testifying experts and witnesses.

If the parenting arrangement for the children becomes a contested matter, your expert divorce lawyer can successfully use a mental health professional as a witness in the trial.

Things to consider: If buying and selling real estate, being the multifaceted situation that it is, finds itself sometimes even too complex for trained professionals in some situations, requiring the addition of other trained professionals such as lawyers, inspectors, insurance pro's, appraisers, land surveyors, tax specialists, financial planning and estate management people or companies, divorce specialists, grief counsellors, expert witnesses, construction people, builder issues, mortgage fraud professionals, banking backup people, ex pat and non-resident specialists, immigration rules and regs, investment counsellors, to help unravel oddities and eventualities, just imagine the Rubik's cube the journey represents to the average, unrepresented buyer or seller, perhaps even ones in the midst of it while trying to digest a purchase or sale, going through a divorce or dealing with a grieving relative, due to a death in the family, even more especially where English is not that individual's first language.