What is the role of an expert witness in civil law?
An expert witness in civil law plays an important role in assisting the trier of fact, typically a judge or jury, in understanding the relevant evidence presented in a case. Expert witnesses may provide opinions on technical or specialized issues, such as medical malpractice, building construction, or a person’s mental state at the time of an incident. For example, in a medical malpractice lawsuit, an expert witness may provide opinions on the standard of care followed by the doctor, or the cause of the injury. In a construction case, an expert witness could provide opinions on building code standards. In a criminal case, an expert witness could provide opinions on a person’s mental state and ability to form criminal intent at the time of the offense. In Massachusetts, expert witnesses are typically required to have specialized education, training, experience, or knowledge relevant to the case. Their testimony must be based on facts and reasonable inferences from those facts. Expert testimony is not considered evidence, but is instead used to help the trier of fact better understand the evidence presented in the case. The role of an expert witness in civil law in Massachusetts is to provide unbiased, specialized opinions on technical or specialized topics. They are not allowed to give opinions on the ultimate legal issue, such as whether a defendant is guilty or innocent, or whether a party should prevail in the case. Their role is to assist the trier of fact in understanding evidence presented during the trial.
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