Expert Witness in Court or Arbitral Tribunal
An Expert Witness can be anyone with knowledge or experience of a particular field or discipline beyond that to be expected of a layman. The Expert Witness’s duty is to give to the Court or tribunal an impartial opinion on particular aspects of matters within his expertise which are in dispute.
Expert Witness will Provide an independent expert opinion in their area of expertise on the subject matter in accordance with the instructions they are given. These instructions will be shown in the Expert Witness’s Report which will be seen by the other side and the Court. Those opinion provided must be truthful, impartial and independent opinions whether or not these opinions favour your case.
An Expert Witness is required when it is necessary to have opinion evidence to assist in the resolution of a dispute. This opinion may lead to an early resolution of the dispute. An Expert Witness may be involved in court proceedings and may be called to give evidence.
The current rules encourage the use of a Single Joint Expert who is instructed by all the parties in the dispute to provide an opinion on the issue in proceedings. However it is still possible to have an expert witness who is appointed by one party. Once a report has been produced it is open to the parties to ask questions on any aspect of the report and the expert is required to respond provided they are for clarification purposes. The report and any answers given then form part of the evidence before the court and is used by them to assist in making a judgement.
In Hong Kong, Cap. 4A The Rules of the High Court ─ Appendix D Code of conduct for expert witnesses, is the governing rule in this regard.