expert

expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600, 612–617, 619–625, 628–630, 632, 634–638, 644, 649–653, 656–660, 666–668, 670–671, 673–678, 680–682, 685–686, 688.] — expertise (ek-sp[schwa]r-teez), n.

consulting expert. An expert who, though retained by a party, is not expected to be called as a witness at trial. • A consulting expert’s opinions are generally exempt from the scope of discovery.

— Also termed nontestifying expert. Fed. R. Civ. P. 26(b)(4)(B). [Cases: Federal Civil Procedure 1274; Pretrial Procedure 39.]

impartial expert. An expert who is appointed by the court to present an unbiased opinion.

— Also termed court-appointed expert. Fed. R. Evid. 706. [Cases: Federal Civil Procedure 1951; Trial 18. C.J.S. Trial §§ 91–92.]

testifying expert. An expert who is identified by a party as a potential witness at trial. • As a part of initial disclosures in federal court, a party must provide to all other parties a wide range of information about a testifying expert’s qualifications and opinion, including all information that the witness considered in forming the opinion. Fed. R. Civ. P. 26(a)(2)(B). [Cases: Federal Civil Procedure 1274; Pretrial Procedure 39.]

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词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，专注翻译各种与澳大利亚业务有关的法律文件。