There are strict rules that govern expert witnesses because only the expert witness is allowed to express their opinion(s) when they testify at trial. All other witnesses are considered to be ‘fact witnesses’ and they cannot express opinions when they testify at trial. Lawyers routinely retain certain health care practitioners because they want the expert to provide their opinion on specific issues in the case.
An article written for young lawyers regarding preparing an expert witness for trial, first published in the OTLA Litigator magazine – June
2011 issue
Recent changes to the Rules of Civil Procedure will affect doctors, psychologists, occupational therapists, engineers, accountants and all other professionals who may be called upon to testify in court as an “expert”. The role of the expert witness is to assist the court on specialist or technical matters within their expertise.