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What is the Legal Definition of Expert Witness and What is it About?

There are a lot of things that can happen in a court. There are instances wherein people need an expert in a certain field in order to present a fathomable evidence, argument, or even decision. This happens because lawyers and judges are not entirely experts in all of the fields in the world. They are experts in what they do but not necessarily in Physics, Information Technology, Medicine, finance, engineering, and such.

Cases with technicalities are important to have a presence of an expert witness. A nature of a case is then determined when it has been explained thoroughly to people with the power to decide (judges and jurors).

A court expert can help in the further digging of evidence as well. Judges, jurors, and even lawyers will have a clearer view of what happened with fresh and new information laid out to them.

 

The Legal Definition of “Expert Witness”

To make it simple, an expert witness is simply a person who is knowledgeable in a certain field. They are sought by judges, lawyers, jurors, etc. in order to explain to them a certain part of a case that is too technical for them to fully grasp.

Expert witnesses basically explain the technicalities in layman’s terms.

These people are court-regulated experts. This means that one cannot simply hire an expert witness if the court does not approve of it.

These people are those that make things clear that seem too vague for the people in the court. A part of a case or the case itself may be too vague because of some technical details, terminologies, or jargons that most people are not familiar with unless they are in the same field.

 

What are the Types of Expert Witness?

In general, two types of an expert witness are available to be called in when necessary. Either can be invited to the court depending on the parties or lawyers who are involved in a case.

 

Non-Testifying Experts

These are experts who can be consulted by lawyers to guide and advise them with regard to technicalities in a case.

Anything that is discussed between the two parties (non-testifying experts and lawyers) is considered confidential. This is for the purpose of the case that is still ongoing.

They are named as such because they cannot testify in a court. Although this is the case, they help lawyers understand every vague part. They can even lend a hand in preparing questions for the opposing witness.

Evidence that is presented in court can be analyzed further with the help of an expert witness. A good defense can then be prepared by lawyers.

 

Testifying Experts

On the other hand, these are the people who can testify in a court as long as they are doing so in the field of their expertise.

There can be an instance that they will be requested to explain a technicality in a case in front of the judges, lawyers, jurors, plaintiff, the defendant, etc. They are expected to also prepare reports when a court summons them to testify and speak for a clearer understanding of everyone.

 

Why Do People Hire an Expert Witness?

 

On the side of lawyers, judges, and jurors

A case that is either full or sprinkled with technicalities can be best handled with the help of an expert witness. One cannot simply go forward with a case that has even one single technicality to it. To be sure that one is managing a case accordingly, an expert witness needs to be brought in lest a mistake in understanding happens.

Preparing evidence, reports, defense, and the decision is not easy with a case that is riddled with jargons and technicalities but can be possible with an expert on your side to make you understand it more in layman’s terms.

 

On the side of plaintiffs and defendants

Both parties can be assured of knowing what the case is really about and what it pertains to if someone explains it to them thoroughly. When they know what is going on, they can easily figure out what to do next.

 

Top Court Experts in UAE

Court experts or more commonly known as expert witnesses are a great help for technicalities in a case. An expert report that is made by them can support and provide more details with regard to a case.

Farahat & Co. provides this kind of service as we are a regulated Court Expert in the UAE. We have served as a court expert in many court cases in the country for 35 years now.

A consultation with one of our lawyers in Dubai is free. We will surround you with a team that is passionate to solve your concern. You can simply book today for you to see the quality of service that we can give you.

Mohamed Ali Farahat has worked on various forensic accounting assignments, which include operational and financial audits, reconstruction of accounting statements, financial information analysis, and investigation of fraud and financial distress. Read more