a person who is a specialist in a subject, often technical, who may present his/her
expert opinion without having been a witness to any occurrence relating to the lawsuit
or criminal case. It is an exception to the rule against giving an opinion in trial,
provided that the expert is qualified by evidence of his/her expertise, training
and special knowledge. If the expertise is challenged, the attorney for the party
calling the "expert" must make a showing of the necessary background through questions
in court, and the trial judge has discretion to qualify the witness or rule he/she
is not an expert, or is an expert on limited subjects. Experts are usually paid
handsomely for their services and may be asked by the opposition the amount they
are receiving for their work on the case. In most jurisdictions, both sides must
exchange the names and addresses of proposed experts to allow pre-trial depositions.
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