Guideline 1: Attend by court-ordered summons or subpoena only. This witness may be examined about his or her professional credentials and depth of knowledge, the facts of the particular matter before the court and any opinions the witness may have as to cause and effect. A person may also be summoned as an expert witness, in which case the witness has special status and may give opinion evidence based on the expertise of the witness. In general terms, any person may be summoned to testify as an ordinary citizen to describe a circumstance seen and perhaps personally heard. It is enough to say that the admissibility of expert evidence is predicated on the existence of knowledge and experience that is beyond that of the ordinary citizen and is applicable to the matter before the court. It is unnecessary for the expert witness to be familiar with the intricacies and nuances of expert testimony and its frequent partner, hearsay evidence. The rules governing the admissibility of expert testimony are the domain of the lawyer and the trial judge. This paper outlines what preparations the expert witness should undertake before attending court and suggestions for giving testimony. Pre-trial preparation by the expert witness refreshes the level of expertise, enhances the quality of the opinion expressed, reduces stress and saves time. The expert witness has special knowledge or skill gained by education, training or experience and may be summoned to court to give an opinion or expert evidence during a trial, based on that person's field of expertise.
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