Master'sOpen Access

Expert witness in American and English law of civil procedure

2019
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Advisor: Dr. Öğr. Üyesi Nur Bolayır

Abstract (EN)

Expert witnesses, which are one of the subjects of the court, are mainly organisations that are present in all jurisdictions and that concern the procedural law of the jurisdictions. When we consider the increased need for technical and scientific knowledge nowadays; not only under the litigation activity, but in the maintenance of the social life, the use of expert witnesses by the judges before and after making a judgement emerges as a necessity. When we look at the general terms of use, the function of expert witnesses is not the legal aspect of the issue, but the material aspect that is relevant to the cases. This way, witness shall have a superior role in the determination of the decision to be taken by the judge and the judgement to be made. As in our law, the expert witnessing institution in the English and American practices is one of many issues that have a wide variety of debates and it still is unable to complete its evolution. By whom and in what way the appointments should be made, the reasons of the prejudices on the expert witnessing and how to overcome such prejudice, the criteria to be used for the acceptance and validity of the expert witness declarations, who should bear the expenses and fees related to expert witnesses, whether the expert witness discussions shall be subject to privileged protection, how the balance between the limitation of the number of expert witnesses and the right to be heard legally shall be maintained are the issues that are usually discussed.

Author

Dr. İbrahim Orkun Taşdemir

How to Cite

İbrahim Orkun Taşdemir (Master Thesis). Expert witness in American and English law of civil procedure, 2019, Galatasaray University.

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