Sentences with phrase «provided by an expert witness»

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true...

What we learn from this case is that, while a trial court can use information provided by an expert witness as evidence as to what may be in a child's best interest, it must still independently make the decision regarding what custody arrangements are in the child's best interest after providing both parents an opportunity to present evidence at a trial.

Not exact matches

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All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and / or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, shall be immediately reported to the Contracting Officer.

Cheryl's knowledge is frequently utilized throughout the Midwest by Federal and District courts, where she is called upon to provide expert witness testimony in regards to training of police dogs, dog attacks, and dog behavior.

He provides consultation and training to K - 9 units on administrative and legal issues, and has been recognized as an expert witness by Washington and Federal courts in Police K - 9 and dog behavior matters.

The report details significant contributions to mesothelioma research made by some such attorneys, as well as some asbestos lawyers sending «elaborate gift baskets» to doctors, providing tickets to «professional sporting events,» or offering «paid work as expert witnesses.»

The committee relied on evidence of professional standards provided by a College witness who was not accepted as an expert on the relevant issues.

The appeal division panel that awarded costs to DeMerchant and Sukonick found that the proceedings were not unwarranted at the beginning, but they became so after the law society failed to provide evidence to contradict testimony by an expert witness that held the two were following standard practice in the corporate bar.

While the Rules of Court provide judges with discretion to allow expert evidence to be admitted even if technically non-compliant with the Rules of Court «if the interests of justice require it ``, this threshold often will not be met by an explanation of witness inexperience with the Rules of Court.

[6] The Westerhof appeal raises the question of whether rule 53.03 applies only to experts described in rule 4.1.01 and Form 53 — experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (referred to in these reasons as «litigation experts»)-- or whether it applies more broadly to all witnesses with special expertise who give opinion evidence.

These two types of expert witnesses can be contrasted with «litigation experts» who are experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (R. 4.1.01).

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.

That rule — which requires expert witnesses to, among other things, back up their medical opinion with facts and research — applies only to litigation witnesses who were hired by parties to provide opinion and not participant witnesses like treating physicians, the court found.

By obtaining adequate financial records, reviewing provided records for completeness and reasonableness, reconstructing records and accounts as needed, preparing support for interrogatories and depositions, performing calculations and providing expert witness services, forensic accountants can play a major role in litigation.

The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance; (in such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.

Adding to this ever growing database of case comments criticizing expert witnesses for advocacy, reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, rejecting the evidence of an orthopaedic surgeon hired by ICBC and providing critical comments about his courtroom testimony.

Factors Considered • Relationships between the children and each parent • Financial ability of each parent to provide for the child or children • Each parents home environment and whether it is safe and suitable for children • How well the child adjusts to the home, school or community environment where they will live • Both physical and mental health of both parents and child • Medical needs of the children • A history of violence by either parent • Criminal history of either parent • Abuse or neglect of the child • Parent's wishes • Children's preferences, if the child is over age 12 • Recommendations from expert witnesses

«(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».

(A) Except as otherwise stipulated or directed by the court, a party who retains or specially employs a witness to provide expert testimony in the case, or whose duties as an employee of the party regularly involve giving expert testimony, shall deliver to the opposing party a written report prepared and signed by the witness within 60 days of the close of discovery.

LPP applies to confidential information or documents passed to a lawyer by a client or a potential court witness (lay or expert), to enable the lawyer to advise and to act for the client; and to the advice provided by the lawyer.

A trial will permit these important conclusions to be formulated on the basis of a record informed by the examination and cross-examination of witnesses and quite possibly with the assistance of expert evidence to provide the court — whose members are perhaps not always the most up - to - date in matters involving the blogosphere — with insight into how the internet blogging world functions and what may or may not be the expectations and sensibilities of those who engage in such discourse in the particular context in which that discourse occurs...