Rule 94Bis
Definition
The ICTY procedural rule governing expert witness evidence. Required that expert reports be disclosed in advance, that the opposing party could challenge the expert, and that reports identified the expert's qualifications and the bases for each opinion. Set the template for expert evidence in subsequent international criminal courts.
- Governing body
- ICTY
- Subject
- Expert witness evidence procedure
- Key requirement
- Advance disclosure of expert reports
- Legacy
- Template for later international criminal courts
Common questions
Why did the ICTY need a specific rule for expert evidence?+
International criminal proceedings drew experts from many legal traditions with differing rules on disclosure and challenge, so a dedicated procedural rule was needed to ensure the opposing party had fair notice of an expert's qualifications, methods, and conclusions before trial.
What must an expert report satisfy under Rule 94bis?+
It must identify the expert's qualifications and set out the basis for each opinion given, so the opposing party can meaningfully assess and challenge the expert rather than face conclusions without supporting reasoning.
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