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;

a.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.

  1. 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.

c. 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.