±Forensic Focus Partners

Become an advertising partner

±Your Account


Username
Password

Forgotten password/username?

Site Members:

New Today: 0 Overall: 36618
New Yesterday: 10 Visitors: 124

±Follow Forensic Focus

Forensic Focus Facebook PageForensic Focus on TwitterForensic Focus LinkedIn GroupForensic Focus YouTube Channel

RSS feeds: News Forums Articles

±Latest Articles

±Latest Videos

±Latest Jobs

Expert and technical witnesses

Discussion of legislation relating to computer forensics.
Reply to topicReply to topic Printer Friendly Page
Forum FAQSearchView unanswered posts
Page Previous  1, 2 
  

lutzman
Newbie
 

Re: Expert and technical witnesses

Post Posted: May 20, 07 00:37

Thanks

It makes sense now, and also appears very obvious.  
 
  

honeyjew
Newbie
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 11:44

It is my understanding that there is no such thing in the UK as an expert witness unless the judge in a particular case says you are. Up until that point you are just a prosecution/defence witness, and the judge will erm.. judge you based on your experience etc whether you should be given expert status. Once given expert status you are no longer working for your employer, you are working for the court.

Therefore be wary of anyone advertising 'expert witness' services - as that is not up to them at all. Just because you were given expert status one time doesn't mean it will be given the next time.

ps. I am not a lawyer.  
 
  

trewmte
Senior Member
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 14:56

- honeyjew
It is my understanding that there is no such thing in the UK as an expert witness unless the judge in a particular case says you are. Up until that point you are just a prosecution/defence witness, and the judge will erm.. judge you based on your experience etc whether you should be given expert status. Once given expert status you are no longer working for your employer, you are working for the court.

Therefore be wary of anyone advertising 'expert witness' services - as that is not up to them at all. Just because you were given expert status one time doesn't mean it will be given the next time.

ps. I am not a lawyer.


True that a Judge will decide whether a witness is an expert witness or not, based upon whether that person has more knowledge of a subject that day in court or in the alternative one party makes an objection. Yes you are right - there are regrettably some cowboys out there.

However, I do not think the matter of expert or expert witness is as diluted as maybe some may think. One only needs to read The Civil Procedure Rules, Criminal Procedure Rules, and huge range of case law, case procedure books and of course talk with the Societies and Association that proliferate. If the framework for expert or expert witness didn't exist then none of the above would exist and have rules, regulations etc in place either. I think in your answer there is perhaps a tacit agreement with this when you mentioned that a witness [sic] is "working for the court."  
 
  

gmarshall139
Senior Member
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 17:19

- honeyjew


Therefore be wary of anyone advertising 'expert witness' services - as that is not up to them at all. Just because you were given expert status one time doesn't mean it will be given the next time.



Well stated, your post really sums up the situation. In many cases your "expert" status will be argued by two attorneys, neither of which represent you. Expert witness status is truly temporary, not a lifelong title.
_________________
Greg Marshall, EnCE 
 
  

trewmte
Senior Member
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 19:36

- gmarshall139
In many cases your "expert" status will be argued by two attorneys......


That maybe so in US, not apparent in the UK. In most cases over here a person instructed to provide opinion on evidence submits their details. From a criminal case defence aspect the solciitor will decide firstly from information supplied and pass a copy to Counsel. If person is acceptable then any concern if at all about an expert or witness will be addressed at court. There is a notable case over here about experts - R v Luttrell & Ors [2004] EWCA Crim 1344.

- gmarshall139
Expert witness status is truly temporary, not a lifelong title.


Agreed - no one lives forever, people retire and so on. But at no point in my experience has a statement been issued that once an expert has given evidence you go back into what you were doing, you can't promote you have been an expert or expert witness and you will have to prove yourself again next week. That doesn't mean you wont have to demonstrate your competence of the subject matter, of course, but the legal system doesn't take away skill and experience of being an expert or expert witness or the rights of an individual to provide that service again.  
 
  

gmarshall139
Senior Member
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 19:49

I suppose it is semantics, but I'm careful how I claim to be an "expert". If I bill someone for expert witness services, and a judge declines it, do I offer a refund?

When I say temporary, I mean for the duration of your testimony in the case where you are declared an expert. I have no problem saying that I have been an expert witness, that's a fact, but the next time I go into court, I'm not an expert witness until the judge says I am.
_________________
Greg Marshall, EnCE 
 
  

trewmte
Senior Member
 

Re: Expert and technical witnesses

Post Posted: Jun 01, 07 20:13

- gmarshall139
I suppose it is semantics, but I'm careful how I claim to be an "expert". If I bill someone for expert witness services, and a judge declines it, do I offer a refund?

When I say temporary, I mean for the duration of your testimony in the case where you are declared an expert. I have no problem saying that I have been an expert witness, that's a fact, but the next time I go into court, I'm not an expert witness until the judge says I am.


It was me, Greg, my brain had not clicked-in on the above :-).

After I had posted, one matter I missed, which is not too dissimilar to what you are saying. At one time in the UK (late 1980s to mid-1990s) the court would from time to time hold a voire dire (trial within a trial) and experts and witnesses turned up for cross-examination to be assessed fit for purpose. It is not heard of now as a frequent event, but occasionally I hear such and such a person was in a case where it happened.  
 

Page 2 of 2
Page Previous  1, 2