Question

Discuss the matters to considered by an expert witness both in preparing and giving evidence in court

Answer 1

The first and foremost matter to be considered by an expert witness both in preparing and giving evidence in court is to be qualified and prepared. This is important because the opposing counsel can make a motion to disqualify your expert witness, especially if the expert witness seems unprepared. The crux of an expert witness’s testimony is the data and the methodology on the basis of which the expert witness is forming opinions. Thus the expert witness should be well prepared to defend the reliability of his/her methods. The expert witness should also consider the different and multiple ways of doing a particular study. Any controversy with regards to test methods should be accounted for in a manner that the opposition cannot question tit in the court of law.

The expert witness should also get educated about substantive law issues like attorney-client privilege with the expert witness, impeachment of expert witness, use of legal merits and factual issues. The expert witness should also be taught how to deal with cross examination which can be quite stressful.