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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Role of Experts in Judicial Proceedings

Dana Phillips

Subject(s):
Effectiveness — Administrative law — Administrative procedures

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. In the context of judicial proceedings, an expert is someone who has specialized skills, knowledge, or experience, often of a scientific or technical nature, and is thereby called upon to assist the court. 2. The Anglo-American common law tradition and the Continental civil law tradition have established distinct roles for experts in judicial proceedings. In the common law tradition, experts testify as witnesses, and are usually appointed and paid for by the parties. Expert witnesses are exempted from the traditional rule barring witnesses from giving opinion...
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