More often than not, it happens in the court that an opinion or expertise of someone who is more experienced in a certain field is sought by the lawyers or judges themselves. In order to determine the nature of a case and for the success and fairness of the decision, expert witnesses in court are important to be involved in cases that have technicalities. These aforementioned technicalities are beyond what the judges or lawyers can grasp or have learned in their study.
They shouldn’t be expected to know everything as they are only skilled in the field of law and not every single field in the industry. Areas, like information technology, medical, financial, engineering, etc., are important to be handled by expert witnesses when further digging of evidence is needed. In this way as well, the judges and lawyers can lay out more needed information.
What Really is an Expert Witness
An expert witness’ job basically is for the people (judges, lawyers, jurors, etc.) to understand the nature of the case by using simple terms and explaining it in a way that can be understood by people who do not work in that field.
Expert witnesses are court-regulated experts who are specialists in certain fields as mentioned above. These people will give their expert views with regard to a case. They can help in making things clear with regard to some areas that are too vague for the lawyers or judges because of many technical details, terminologies, or jargon that are not familiar to people outside that certain field.
The expert witnesses can be assigned by both parties (claimant and defendant). These people have extensive experience in their field, and their substantial knowledge has made them qualify for the position.
Types of Expert Witness
There are two types of expert witnesses that can be called in for a case, depending on the parties or lawyers that are involved in it.
- Non-Testifying Experts – They are also known as consulting experts whom lawyers can approach for guidance and advice. Aside from these, their confidentiality can also be obtained for the purpose of the case that is being handled. However, they cannot testify in the court, hence the name. They can also be of help to lawyers by helping them with the preparation of questions for the opposing witness. Case evidence can also be analyzed further with their help. With the expertise of this kind of witness, the lawyers can prepare a good defense for the case at hand.
- Testifying Experts – As what the name suggests, testifying experts are allowed to testify for the case whose field is their area of expertise. They are can be obligated to state an explanation of something that relates to the case in front of the judges, lawyers, jurors, claimant, the defendant, etc. They can also be reached by lawyers to ask assistance about the case that falls under the expertise of the expert, aiding them in using more information in the courtroom. These testifying experts are expected to prepare reports when summoned by the court.
Read more: Benefits of hiring a Court Expert
Why is it Important to Hire One?
It is important for lawyers to have expert dispute support for them to further understand what the case is all about and what a certain area of it pertains to since it helps in preparing for evidence and everything that is needed.
In appointing an expert witness, claimants and defendants can be sure that they have understood what is going on correctly, and by knowing this, what needs to be done can be easily figured out. The technicalities in a certain case cannot be simply passed up as unimportant to be grasped because it weighs greatly with regard to who is going to win and who’s not. The judges should be well aware of it as well before coming to a conclusion and final decisions. With this, it is important to hire one because of the expert report that expert witnesses can provide as an aid in further understanding the nature of the case.
You should know: Character and functionality of an Expert Witness
It is advisable that lawyers should have an expert report with them before facing trial and be defending their clients. Even judges would do well with the help of an expert in a certain field. An expert’s view on a case can definitely help them to further support or add details to their decision. This is why there are firms in the UAE that offer this kind of service.
Farahat & Co. has been offering quality services to the business industry for more than 30 years now. We have also served as a Court Expert for many court cases in the United Arab Emirates (UAE). You can book a consultation today with us for you to find out yourself what kind of quality service we can provide for you if you let us.