Expert Witness Exculpatory Evidence Analysis

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When an expert witness is called upon to testify and refuses to do so, the court can command the witness to produce the relevant articles which might enlighten the judge or jury over the case. These relevant articles may be documents, papers, articles, record, exhibits, microscopic slides, test results etc.


The evidences presented by the expert witnesses are Exculpatory evidence, Inculpatory evidence and Demonstrative evidence. An Expert Evidence is Fact Evidence not Hearsay Evidence. Hearsay Evidence is not acceptable in the court of Law.

Exculpatory Evidence is the evidence used to exonerate the defense. It is counter evidence or counter expert opinion, which is validated through more facts, established to
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• Expert Witness’s testimony should be independent, unbiased and objective to the issue not influenced by either parties in question.
• Expert Witness cannot assume facts or edit out important evidence which is to be mentioned in his opinion
• Expert Witness is not obligated to answer questions outside of his expertise.
• If the Expert Witness is not satisfied with the data he is provided to arrive to proper conclusion of his findings, he must mention
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• If the Expert Witness changes his mind post submission of his report then he should take note to mention this to the legal team. This might be due to unavailability of proper resources or due to the findings based on the opposition as well.
• Expert witness must make available to the opposition party all his findings and reports while submitting his copy to the court.

In Criminal Proceedings rules have been affirmed in R v. Harris. It reiterates on there key factors of an Expert Witness which is Retain, Record and Reveal. Moreover criminal proceeding rules emphasize on the criminal proceeding rules adding to it and emphasizing the obligation of the Expert Witness and his duty to the court binds him thus overriding all other obligation especially if he had accepted any bribery or other instruction, which are detrimental to the case itself.

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