The Duties and Responsibilities of Expert Witnesses

The Duties and Responsibilities of Expert Witnesses

  1. Specialist evidence presented to the court should be the autonomous product of the expert, unaffected by the need for lawsuits
  2. A expert witness must provide factual facts by acting as uncontroversial or independent and guiding the court on cases according to its expertise.
  3. An expert witness should state the facts, figures or assumptions on which his opinion is based.
  4. A expert witness services must be clear and firm without hesitation to clarify when a specific question or issue does not cover its domain or is outside its area of ​​expertise.
  5. If an expert’s opinion is not properly substantiated after investigation because he suspects that insufficient or irrelevant data are available, this must be indicated with a symbol that the opinion is no more than a preliminary opinion.
  6. If the expert cannot state that the report contains real facts, only the full truth and nothing but the truth without any conditions that must be acknowledged in the report.
  7. If, after an exchange of reports, an expert witness wishes to change his mind for any reason, such change must be communicated without delay through legal representatives to the other party and to the court.
  8. When expert evidence is related to the investigation reports or other formal documents, it must also be presented to the other party along with photographs during the exchange of reports.

Read more : What are requirements to become a UAE expert witness?

What to look for in an expert witness?

  1. A expert witness must follow the procedure or instructions at all stages, on behalf of the evidence as he understands it, and provide independent advice to the court and all parties to generate an objective unbiased opinion based on his expertise. An expert witness should never imagine the role of a lawyer.
  2. The expert’s evidence should be limited to the technical issues where the judge will be guided by asking for explanations or evidence of standard professional practice. The expert witness may not express opinions as an expert would have himself in certain circumstances.
  3. He should work with the expert of the other party or parties to try to mitigate the technical issues in dispute as early as possible in the proceedings and to remove or contextualize any peripheral issues.
  4. The expert evidence presented to the court must be the expert’s independent product, unaffected.
  5. An expert witness must believe the facts on which his opinion is based. He should not consider irrelevant objects that could hinder the evaluation.
  6. An expert witness must make clear if a case falls outside his domain.
  7. If an expert has conclusions that are based on insufficiently realistic information, he should state so clearly.
  8. An expert must be prepared to revise his opinion and, if appropriate, to change his mind when he has obtained new evidence or accepted the opinion of the other expert.

Read more : Why is it important to hire expert witnesses in court?

Farahat & Co. has been providing quality services to the corporate sector for over 30 years. We have also served as a court expert for many lawsuits in the United Arab Emirates (UAE).

You can book a consultation with us today so you can see for yourself what kind of quality service we can provide for you if you let us.