Are there rules regarding the use of expert witnesses in small claims court?
In West Virginia, the use of expert witnesses is governed by certain rules and regulations in small claims court. The general rule is that an expert witness is only allowed to testify if the testimony is necessary to resolve an issue in dispute. Expert witnesses can only offer opinion testimony and cannot testify as to facts. In order to qualify as an expert witness, the witness must have specialized education, training, knowledge, and skill that is greater than that of the other parties and witnesses in the case. This special knowledge must be relevant to the case and establish credibility. Only an expert witness who has been approved by the court can be qualified to testify. The court will determine whether a witness qualifies as an expert witness. The expert witness must be informed of the case and give their testimony without bias. The expert witness should give an unbiased opinion on the relevant issue in the case, rather than advocate for either of the parties. An expert witness must adhere to the court’s rules and must be prepared to be cross-examined. In conclusion, the use of expert witnesses in small claims court in West Virginia is governed by certain rules and regulations. An expert witness must be qualified by the court and must give unbiased testimony on the relevant case issues.
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