Blog 5
When called to give evidence, a witness in a court proceeding is a
“witness of fact” whereas an expert
witness would be called to
provide an opinion on the matter.
An opinion can be guided by different assumption therefore it is
imperative that guidelines are in place. An experts report must comply with
Rule 23.13 of Practice Note CM7. Rule 23.13 (g) states that the reasons for the
expert witnesses opinion must be given and (e) outlines that the factual
findings from which the expert's opinion is based on should be provided.
The Chief Justice describes that these guidelines were
introduced in order to facilitate the admission of opinion evidence so the
experts understand the expectations of the Court. Furthermore, so that the
expert witness is not subject to criticism for lack of objectivity. This is
because the expert’s opinion can be drawn from facts which includes observed,
scientific, accepted or assumed facts.
I think it is fairly reasonable to expect that expert witnesses
adhere to guidelines. The duty of an expert witness should be to the Courts and
not to act as an advocate of the client. Setting guidelines ensures that the
witness knows of his/her audience. Even in general life, guidelines such as
criteria on a university assignment set out the expectation so we know what is
needed to be fulfilled. When I was employed in retail, we were given employee
handbooks that outlined the expectations of the employer. Likewise, guidelines
are needed for experts so they can meet expectations.
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