Duty to the Court
Definition
The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased analysis, overriding the duty to the instructing party. An expert who suppresses contradictory findings to assist their instructing party's case breaches this duty.
- Primary jurisdiction codified
- England and Wales (CPR Part 35, CrPR Part 19)
- Scope
- Common-law and civil-law jurisdictions worldwide
Common questions
What is duty to the court in forensic expert testimony?+
Duty to the court is the expert witness's overriding obligation to provide honest, objective, and impartial evidence to the court. This obligation takes precedence over any duty to the party that instructed or paid the expert, ensuring the tribunal receives unbiased analysis within the expert's area of expertise.
What happens if an expert witness breaches their duty to the court?+
An expert who suppresses contradictory findings or tailors their evidence to help the instructing party's case breaches this duty. The expert must disclose all relevant, objective findings regardless of whether they support or undermine the position of whoever retained them.
Where is duty to the court codified?+
In England and Wales, this obligation is codified in Civil Procedure Rules Part 35 and Criminal Procedure Rules Part 19. The principle is found in common-law and civil-law jurisdictions worldwide, though the specific procedural framework varies by jurisdiction.
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Explained in these topics
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