![]() ![]() This is because the other parties can’t question the witness who created the document. Written evidence from a witness must be completed truthfully, accurately and clearly, and sworn or affirmed as true and correct.Ī written statement from a witness on its own may not be as useful or have the same weight as the witness appearing in person. in some cases, give written evidence in an affidavit or statutory declaration.attend the hearing by telephone or video conference.If a witness can’t attend the hearing in person, they can: We generally don’t accept key witness evidence without the attendance of the witness, unless all parties agree. When a witness can’t attendĮach party must have a reasonable opportunity to cross-examine another party’s witness. We expect the expert to attend the hearing to discuss their report.Īny party can bring an expert witness to present evidence at a hearing. The expert witness has a duty to VCAT to provide fair evidence, rather than to act as an advocate for the party who asked them to appear.Īt the hearing, both parties and the member may ask the expert questions.Īn expert witness may provide a report. The expert must read, and state they have read, VCAT’s Practice Note on expert evidence. The expert’s opinion should be sound, complete, fair, unbiased and within the area of their expertise. We may rely on the evidence from expert witnesses to make a finding about a specialised or technical matter relevant to the case. ![]() Expert witnessesĪn expert witness is a person with specialised knowledge based on their training, study or experience. You can also question a witness you called to clarify the evidence they gave under cross-examination. You can question a witness called by the other party (cross-examine). You have the right to question witnesses, so prepare a list of questions. The best way to give evidence is in person at the hearing. The primary duty of an expert witness is owed to VCAT, not to the person who paid for their services. They give evidence relevant to the case based on their expertise. They must have first-hand knowledge of the facts they’re giving evidence about.Īn expert witness is a person with specialised knowledge. A witness is a person, including you, who gives evidence at a hearing, either in person or in writing. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |