A Guide to Expert Witness Evidence

CHAPTER 1 - GENERAL
What is a witness?
What is evidence?
What is an expert?
What is an expert witness?
Functions of expert witnesses
Types of expert witnesses
Requirement of expert evidence
Duties of expert witnesses
Requirement of Independence - within duties?
Conflict of interest/Bias
Training of expert witnesses
Dangers of expert evidence
Purpose of expert evidence
Admissibility of expert evidence
Equality of arms
The Hearsay Rule
Opinion Evidence

CHAPTER 2 - EXPERT REPORTS
Instructing an expert witness
Fee estimates
Consultations
Expert report
Meetings between experts
Exchange of expert reports

CHAPTER 3 - STAGES OF TRIAL PROCESS: CIVIL
Pleadings
Interlocutary applications
Trials on affidavit
Plenary hearings
Death or non-availability of expert
Weighing expert evidence - the role of the decision makers
Appeals
Judicial Review
Miscarriages of justice

CHAPTER 4 - TYPES OF EXPERT EVIDENCE
Engineering
Medical
Psychiatric/Psychological
Intellectual property
Forensic science
Pathology
Lipreading
Handwriting
Fingerprint
DNA
Novel or untested theories

CHAPTER 5 - TYPES OF HEARING - PROCEDURAL RULES
Civil hearings
Criminal hearings
Arbitrations
Mediations
Inquests
Tribunals of inquiry
Expert administrative tribunals
Professional disciplinary hearings
Employment law tribunals
Refugee/asylum tribunals
Compensation tribunals
Planning decisions
Tax hearings?
Pre-action protocols
Reform of procedure

CHAPTER 6 - MISCONDUCT BY EXPERT WITNESSES
Criminal sanctions
Civil sanctions

CHAPTER 7 - CODE OF PRACTICE
LRC
INTO
Society of actuaries
Medical council guide to professional conduct and ethics
Suggested code?
Expert witness directory of Ireland code of practice
UK civil justice council "guidance for the instruction of expert in civil claims"
Working group

CHAPTER 8 - COSTS OF EXPERT WITNESSES
Taxation of costs

CHAPTER 9 SPECIAL CATEGORIES
Evidence of foreign law
Interpreters
Conflicts of laws

APPENDIX - PRECEDENTS