The Duties of an Expert Witness

Tough enough to stand trial

The Duties of an Expert Witness

In any type of materials failure investigation which we are asked to undertake, particularly if the failure has lead to personal injury, legal proceedings are inevitable. In investigation the materials failure, we establish the facts, carry out detailed analysis, prepare a technical report and if a matter proceeds to court, act as Expert Witnesses.

The overriding duty of the Expert Witness to the court is to give objective, unbiased and uninfluenced evidence, falling within his or hers expertise. It is absolutely critical that the degree of both independence and objectivity is demonstrated and the expert must understand that their function is to assist the court in arriving at the truth.

As experts, we will never be seen to become an advocate for the party discharging our professional fees and in this regard, we have always held the cold but correct opinion, that we are working for the truth.

Below we have detailed some of the guidelines by which we provide expert witness services.

  1. We provide independent, uninfluenced assistance to both the parties and the Court by way of objective, unbiased opinions in relation to matters which are within our expertise.
  2. We state the facts or assumptions upon which our opinion is based and not omit to consider other material facts which could detract from the concluded opinion.
  3. We clearly state when a particular question is outside our experts expertise or if the conclusions are based upon inadequate factual information.
  4. We reconsider the opinion if new information is received, or the opinion of the other parties expert has been reconsidered.
  5. We do not give any evidence or opinions as to what we would have done in similar circumstances.
  6. In an effort to both narrow the technical issues in the dispute and to eliminate or place in context any peripheral issues, we cooperate fully with the other parties technical experts.
  7. During without prejudice meetings, we cooperate fully with the other parties experts with a view to both seeking out the areas of agreement and also to precisely define areas of disagreement

This list is in no way exhaustive, however it does provide for a basis of understanding as to how our Expert Witnesses conduct themselves.

If you need a competent materials laboratory to assist in any materials investigation, we are the right people to help. Contact us today.

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