And that division seems to apply equally to the work
done by expert witnesses.
Not exact matches
This uneasiness with parties»
experts is heightened
by the fact that the adversarial system, relying as it
does on critical cross-examination to expose weaknesses in a
witness» testimony, is often ill suited to educating the trier of fact, whether it be judge or jury.
The first reason was that the author of this article (in my opinion) unfairly captured my four hours of testimony,
by primarily positioning me as an «
expert witness» who
did not know really anything about the New Mexico teacher evaluation model.
The attorney must
do so
by remaining regularly engaged in the
expert's work,
by educating everyone involved in the e-discovery workup about the legal issues in the case, the factual matters impacting discovery, including
witnesses and key evidentiary issues, the obligations around discovery imposed
by the law or
by the court, and of any relevant risks associated with the e-discovery tasks at hand.
But there is no precedent for a non-party appeal
by an
expert witness — and Egilman
does not appear to be so affected
by Peterson's ruling that he has standing to appeal it.
«The General Medical Council is challenging a High Court ruling that said
expert witnesses who mistakenly give flawed evidence should be immune from disciplinary action
by their profession's regulatory bodies unless requested to
do so
by a judge.»
After six days of evidence, including testimony
by several
expert witnesses, the HRTO concluded that the exclusion of migrant farm workers from the mandatory inquest requirement in the Act
does not result in substantive inequality.
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.»
Since then, I have been the
expert witness in seven cases, twice retained
by giant firms, and we have won all seven (touch wood)(they should make keyboards out of wood, don't you think?).
The order
does not,
by its terms, require a party to give notice of the questions it proposes to ask in cross-examination of another party's
witnesses, even if those questions in cross-examination have the effect of eliciting an
expert rebuttal or reply opinion.
The Arizona Court of Appeals
did accept jurisdiction, however, to clarify that some of the procedures followed
by the court, in this case, were contrary to the statutes in place for the purpose of preventing any court in the future from delegating judicial decisions to
expert witnesses or allowing interim transfers of custody without a hearing.
There appears to be increasing requirements
by instructing parties for
experts who
do not just provide subject matter expertise, but can also demonstrate they have undertaken
expert witness training.
Not only
did Frey build a case for
witness misconduct and evidence tampering
by two prosecution
witnesses in a Louisiana murder trial that landed Kelly's client, Jimmy Duncan, on death row, but he even conducted an interview with another prosecution
expert witness.
I don't think the definitions or subsequent inferences made are perfect, but often in circumstances where I might disagree, I could see how the error lay with the explanation offered
by the
witness (for example, the «
expert» constable incorrectly stated that tweets beginning with a handle are seen
by users who follow either the sender or receiver, when in fact the tweet would only published to the timeline of users who follow both sender and receiver).
For one reason or another, the plaintiff
did not submit any
expert witnesses that would testify on her behalf
by that deadline.
A hired gun is the somewhat vernacular expression but still used
by the courts to refer to an
expert witness who
does not appear to be impartial.
What the SCC
did say was «On the evidence before us» (ie the evidence of the
expert witness in the case) the realistic possibility of transmission was negated
by the low viral load and condom use evidence.
By requiring the plaintiff to disclose the very fact of her attendance before a medical
expert, and run the risk of an adverse inference if she
did not call the
expert at trial, the master was also interfering with the plaintiff's right to elect which
witnesses to call.