Although many of the general rules on evidence do not apply to the small claims court some of the rules, relating specifically to the use of expert evidence, do: The rules on small claims cases state that no expert evidence of any kind can be used at a small claims trial unless the court has been asked for permission in advance. The necessity for expert evidence could be an indication that the case is not suitable for the small claims court. In deciding whether a case is appropriate for the small claims track the court will have taken into account both the financial value of the case and its complexity. Initially the parties should try to agree on an expert to instruct – if they cannot agree the court will help them to reach a decision.Įxpert Evidence in Small Claims TrialsIn most small claims cases there will be little need for expert evidence. Because the expert’s overriding duty is to assist the court – not the individual who has instructed them – there should be no reason why one expert cannot assist both parties. If more than one party wishes to rely on expert evidence the court may order all the parties to instruct one expert who can provide the evidence that the parties need. A shared expert is known as a single joint expert. One way the courts can keep control over expert evidence is by ordering parties to share an expert – especially in relatively straightforward cases. Instructing experts can be an expensive and protracted business. Single Joint ExpertsCourts are keen to control the amount, and type, of expert evidence given. Amongst other things the report must contain a detailed list of the expert’s qualifications, a statement of truth and a statement to the effect that the expert understands that his overriding duty is to the court. Experts may be asked to comment on the whole case or just on specific aspects of it.įormat of Expert EvidenceAn expert’s report for use in trials, other than those held in the small claims court, is a lengthy and formal document which must be in a prescribed form. They should not tailor their views to support the case of any one party. This Rule emphasises the necessity that experts remain independent and use their expertise to help the court decide the case. The only exception to this is when an “expert” is asked to comment on some aspect of a case.Įxpert Evidence GenerallyThe use of expert evidence in the civil courts is governed by Part 35 of the Civil Procedure Rules. They are not permitted to give their opinion. If an individual gives evidence at court they can usual only state things which they know, or believe, to be true.
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