Impartiality Duty
Definition
The obligation on an expert witness to provide the same opinion regardless of which party instructed them. An expert who would change their conclusions if retained by the other side is not acting as an expert but as an advocate.
- Applies to
- Expert witnesses in any proceeding
- Test
- Would opinion change if instructed by the other side?
- Violation result
- Expert acts as advocate, not witness
- Owed to
- The court, not the instructing party
Common questions
Who does an expert witness's impartiality duty run to?+
The duty runs to the court or tribunal, not to the party who instructed and pays the expert, which is why many jurisdictions require experts to certify this obligation in writing.
What is a practical sign that an expert has breached impartiality?+
Selectively citing only the data that supports the instructing party's case, refusing to disclose contrary findings, or shifting conclusions based on which side asked the question are common red flags raised in cross-examination.
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