Expert Evidence Flashcards
1
Q
When does the exchange of expert evidence usually occur?
A
It generally follows exchange of witness evidence. The expert will usually need to see the disclosure and witness statements before proceeding with their own evidence.
2
Q
What is required if a party wishes to adduce expert evidence at trial?
A
A court order.
3
Q
What is the general rule in relation to opinion evidence?
A
Opinions of witnesses are not admissible.
The reasoning behind this rule is that it is the role of the court to form any opinions which need to be formed, and there is a risk that the court may be unduly influenced by the opinion of a witness who may not be as impartial as the court.
4
Q
What are the two exceptions in relation to the inadmissibility of opinions?
A
- Perceived facts
- Expert opinion
