Guidelines For The Expert Witness Part 3

In Guidelines For The Expert Witness, Judge Timothy T. Daley, Family and Youth Court Judge Province of Nova Scotia, offers trial preparation guidelines including:

Accept the unfamiliarity of testifying rules.

The main objections raised by counsel to expert testimony arise because of hearsay and a proper foundation for the opinions expressed. Objections may be to the question asked or the answer given. When an objection is raised, the witness should refrain from speaking until the court instructs otherwise. The witness should not attempt to justify comments unless asked to do so. The witness is not to respond to an objection, argue about comment or whether or not the evidence should be heard. After an objection is raised, the court rules on the objection and instructs counsel how to proceed.

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