Expert Witnesses
What
is an Expert?
The
rules determining whether a witness can give ‘Expert’ opinion vary from
country to country. In some jurisdictions, formal qualification or registration
as an ‘Expert’ is required; in others knowledge and experience are accepted.
No
matter which, it is the decision of the presiding Justice who will decide
whether a witness is allowed to give expert opinion.
In
the United Kingdom Expert Witnesses may be called upon to state their opinion
on a matter within their special knowledge of skill, where the court itself
cannot form an opinion from the facts.
In
essence it is the ‘Expert’ Witness who presents often highly technical
matters to a court in terminology they can understand.
Why
is an 'Expert' different?
Generally
speaking an ordinary witness providing testimony in a Court of Law can
only give evidence of fact. For example: what they saw, what they heard,
what they smelt, facts collected by one of the five senses. They are not
permitted to speculate or to give an opinion as to the circumstances leading
up to the event they have witnessed, nor what may have happened afterwards.
Experts
can fall into two categories:
-
The
specialist as Expert Witness of fact. Where a witness can state as a fact,
from his own knowledge and examination of a particular item, that a certain
sequence of events always occurs and that this sequence was followed in
a particular instance
-
The
specialist as Expert Witness who gives evidence of opinion. Where a witness
can, from his own knowledge and experience, give an opinion as to why a
certain sequence of events did or did not occur
"I
saw the car come round the corner and crash into the wall" is fact.
"I
saw the car speeding round the corner where the driver lost control and
crashed into the wall" contains the opinion that the car was speeding
and that the driver lost control.
Similarly
"I
found this file in MS Word format on this computer disk" is fact.
"The
file I found on this disk was created by MS Word" is opinion.
Expert
Witnesses
Friendware's
Investigators have extensive court experience coupled with in-depth knowledge
of disks, tapes, operating systems and software packages. In short if you
have a particular area requiring an expert opinion then Friendware has
a consultant with the appropriate expertise.
We
provide technical reports and statements containing expert opinion written
in terms the layman can understand. Reports and statements are provided
not only where we have investigated and processed computer data, but also
in rebuttal of computer evidence submitted by others.
1 800-404-8560

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