CHAPTEK IV 



THE ENGINEER AS WITNESS 



1. Generally ... 



2. Expert evidence generally 



3. The duties of an expert wit- 



ness generally ... 



4. The expert should warn the 



clients of their difficulties 



5. Duty of expert in consulta- 



tion 



6. Duty of the expert in Court 



7. Hints on prompting counsel 



8. Hints on giving evidence ... 



9. Views of an expert witness 



on expert evidence 



10. The use of documents to 



refresh the memory 



11. Cross-examination 



12. Previous statements of wit- 



13. When a witness is justified 

 in refusing to answer 

 questions 



PAGE 



The use of plans and models 44 

 Consequences of non- 

 attendance 44 



Fees and expenses of 



witness generally ... 45 

 Who is liable for witness's 



expenses 45 



Witness subposnaed but 



not called 46 



Fees and expenses in par- 

 ticular Courts generally 46 

 In the High Court ... 47 

 Special allowances to 

 experts ... ... .. 47 



In the County Court ... 48 



Criminal Courts 49 



Parliamentary Committees 49 



Courts of Arbitration 50 



1. Generally. While the engineer is not often brought 

 into Court as a party to an action, he frequently appears there 

 to give evidence. Sometimes he is a mere witness to facts ; 

 but he is more often called as an expert. The engineer who 

 is summoned to attend on subpoma is subject to the rules 

 applicable to all witnesses. He should remember, however, 

 that he need not attend unless his conduct money is paid or 

 tendered with the subpoena. 



2. Expert evidence Generally. An " expert witness " has 

 been defined in America to be "one who has made the 

 subject upon which he speaks a matter of particular study, 

 practice, or observation ; and he must have a particular and 

 special knowledge of the subject" (Dole v. Johnson, 50 N. 

 Hamp. 454). 



The opinion of a witness is admissible on a scientific 



