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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Role of Experts in Judicial Proceedings

Dana Phillips

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

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

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

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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