Monograph Series · Third series › Part II Fact-finding and the control of the hearing › III-12 · First edition
Judicial Control of Expert Evidence: Expertise and the Opportunity for Rebuttal
When an expert's conclusion becomes the conclusion of the judgment, does a channel for rebuttal remain?
Volume contents
Abstract
This volume asks whether a channel for rebuttal remains when an expert's conclusion is carried over into the conclusion of the judgment. The appointment and oath of an expert witness do not guarantee the accuracy of the opinion. The parties' opportunity to state their opinions must be connected to the court's independent evaluation. The path to relief opens where the status of the court-appointed expert and any challenge to the expert, as well as the opportunity to submit opinions on the expert's statement, are secured, and closes where no opportunity is given to express an opinion on the expert's statement, so that the channel for responding to its premises and methods is closed. The six sections address, in turn, appointment by the court, the impartiality of the expert, what the oath does not guarantee, the manner of submitting the opinion, the parties' channels for rebuttal, and the attribution of the final determination. The strongest counterargument is as follows. If judges lack the capacity to re-evaluate expert knowledge, independent evaluation may remain a mere formality. The classification of expert statements into observation and inference, and their credibility in general, are not addressed in this volume.
Synthetic case
The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.
Plaintiff A and Defendant B understand differently the materials on which the opinion submitted by Expert C is premised.
6 sections and their questions
- 01Appointment by the Court
Whose expert opinion constitutes the court's expert examination?
21 min - 02The Impartiality of the Expert
Through what procedure are concerns about an expert raised?
19 min - 03What the Oath Does Not Guarantee
Is a sworn expert examination accurate?
18 min - 04The Manner of Submitting the Opinion
How are a written expert examination and an oral explanation connected?
22 min - 05The Parties' Channels for Rebuttal
May the court render its determination immediately once an expert report is submitted?
19 min - 06The Attribution of the Final Determination
When an expert reaches a conclusion, does the court merely follow it?
21 min