Editing Expert witness (section)

== United Kingdom ==

=== England and Wales ===
In [[England and Wales]], under the [[Civil Procedure Rules]] (CPR), an expert witness is required to be independent and address his or her [[expert report]] to the court. A witness may be jointly instructed by both sides if the parties agree to this, especially in cases where the liability is relatively small.

Under the CPR, expert witnesses may be instructed to produce a joint statement detailing points of agreement and disagreement to assist the court or tribunal. The meeting is held quite independently of instructing lawyers, and often assists in resolution of a case, especially if the experts review and modify their opinions. When this happens, substantial trial costs can be saved when the parties to a dispute agree to a settlement. In most systems, the [[trial]] (or the procedure) can be suspended in order to allow the experts to study the case and produce their results. More frequently, meetings of experts occur before trial. Experts charge a professional fee which is paid by the party commissioning the report (both parties for joint instructions) although the report is addressed to the court. The fee must not be contingent on the outcome of the case. Expert witnesses may be [[subpoena]]ed (issued with a witness summons), although this is normally a formality to avoid court date clashes.<ref>Davie v Magistrates of Edinburgh 1953 SC 34</ref>

=== Scotland ===
In [[Scots law]], ''[[Davie v Magistrates of Edinburgh]]'' (1953) provides authority that where a witness has particular knowledge or skills in an area being examined by the court, and has been called to court in order to elaborate on that area for the benefit of the court, that witness may give evidence of his/her opinion on that area.