Reference Material Only
Expert Witness Declaration
The first duty of an expert witness is to the Court as indicated in the example
declaration below as signed in this particular case study.
The scientific evidence must be unbiased, and be complete.
Note the final statement in 5(c)!
DECLARATION
- Although I have been engaged by the First and Second Defendants in these
proceedings to provide the Court with my expert evidence, I understand that both
in preparing my report and giving evidence my primary duty is to the Court.
- I have endeavoured in my report to be not only accurate but complete. I have
endeavoured to mention all matters which I regard as being material to the
opinions I have expressed and I have drawn the Court's attention to any matter
of which I am aware which might adversely affect the validity of those opinions.
This applies in relation to the factual matters to which I refer and also to the
opinions which I express. Where I have based an opinion on facts of which I have
no personal knowledge I have noted that in my report abd indicated the source of
the factual information concerned.
- Further I have not included anything which has been suggested to me by
anyone (including particularly the lawyers instructing me) without forming my
own independet view thereon.
- If, on reading any report of any other expert, in this matter or for any
other reason, I consider that any existing report of mine requires any
correction or qualification, I will immediately notify the lawyers instructing
me in writing of this fact and, where I consider the matter significant, will
prepare as soon as possible a supplementary report dealing with all such
qualifications or corrections. I understand why this is important. In
particular the unqualified report may well have been submitted to the opposite
party and it would be wrong for them to think that my uncorrected report
continued to represent my true views.
- I further understand that:
- My report will form the evidence I will give under oath subject
to any corrections which I may make before swearing as to its correctness.
- I may be cross-examined on my report by a cross-examiner aided
by an expert.
- Should the Court decide that I have not fairly tried to meet these
standards, I am likely to be the subject of public adverse critism.
SIGNED
..................................
Jeremy Karl Cockcroft
Dated: 25/2/97
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