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The admissibility and persuasiveness of expert evidence
Family Court Review Pub Date : 2023-08-31 , DOI: 10.1111/fcre.12748
Thomas Altobelli 1 , Bruce Gordon Smith 2
Affiliation  

Parenting plan evaluators are expert witnesses who offer their opinion. Courts in common law jurisdictions generally do not accept evidence of an opinion as it is not considered to be reliable evidence from which to establish a fact. An exception to that general principle is expert opinion evidence. In short, an opinion from a person with specialized knowledge or expertise about the area in which they are an expert may be sufficiently reliable to form an evidentiary basis from which to make a finding of fact, provided the opinion meets certain criteria. These criteria will be discussed in this article, as well as what is relevant, reliable and persuasive evidence. The relevant legal principles will be examined in an historical and contemporary, theoretical and practical context. The authors reflect on their considerable experience as consumers of expert evidence and apply this to parenting plan evaluations, as well as considering future challenges in the field.

中文翻译:

专家证据的可采性和说服力

育儿计划评估员是提供意见的专家证人。普通法司法管辖区的法院通常不接受意见证据,因为它不被认为是确定事实的可靠证据。该一般原则的一个例外是专家意见证据。简而言之,具有专业知识或专业知识的人对其所属领域的意见可能足够可靠,可以构成认定事实的证据基础,前提是该意见符合某些标准。本文将讨论这些标准,以及相关、可靠和有说服力的证据。相关法律原则将在历史和当代、理论和实践的背景下进行审查。
更新日期:2023-08-31
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