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Evidence Law Notes for Evidence Law Notes

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Examination of Expert Witness

Any expert who has provided their opinion, should come to the court and he/she has to face various type of examinations as follows;

1. Direct examination:

The Evidence Act 2031, Section 50(1) provides for the direct examination or examination in–chief. It is the first stage of examination where the party or attorney of the party as usually is the case in modern litigation, who calls upon the Expert Witness, examines him/her. So in cases, where the State is party, the Public Prosecutor first examines the Expert Witness.

Further, the reason for any party to call an Expert Witness is to furnish support for his/her arguments. But the asking of questions by any party or the lawyer of the party to his/her witness that will lead to the answer desired by him/her.

2. Cross – examination of Expert Witness:
According to Oxford Dictionary of Law, ”When the first examination is finished, the first Advocate sits down and the Advocate of other side, be it defense or prosecution, rises to cross-examine the witness. This examination of witness by the Advocate for adverse party is popularly known as cross – examination.

Cross- examination helps the judge to determine the evidentiary value of an opinion. The main objective is to test the accuracy of the statement made by an expert. Dr. Reddy observed that,” In doing this, the lawyer may try to weaken the evidence by showing that the evidence given is inconsistent, in accurate, ill- founded, contradictory and untrustworthy. The cross-examination need not be confined to the facts to which the witness testified in his examination- in-chief.

In cross-examination, an expert giving opinion must appear before court as witness. The opponent party subjects him/her cross-examination .The court must be convinced with the reliability of such opinion. The court does not follow all types of opinion blindly.

3. Re-examination:

Re-examination is the third stage of examination. The Evidence Act 2031,Section 50(2) states about re-examination of witness. First party of case or who asked questions first with the expert can ask or clarify certain question under the permission of Bench.

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