The Expert Witness Declaration is a crucial document in New Zealand's legal system, required whenever expert testimony is presented in court proceedings. It serves as the foundation for expert evidence, establishing the witness's credentials and the basis for their professional opinions. The declaration must comply with Schedule 4 of the High Court Rules 2016 and the Evidence Act 2006, which set out specific requirements for expert testimony. This document is typically prepared before an expert gives evidence in civil or criminal proceedings, during dispute resolutions, or for tribunal hearings. It must include detailed information about the expert's qualifications, their methodology, the materials they relied upon, and their reasoned conclusions. The Expert Witness Declaration also contains a formal acknowledgment of the expert's paramount duty to assist the court impartially, rather than advocate for any party's position.
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1. Expert Identification: Full name, professional address, and current position of the expert witness
2. Qualifications and Experience: Detailed outline of relevant qualifications, experience, and area of expertise
3. Scope of Evidence: Clear statement of the issues that the evidence addresses and matters on which expert opinion is given
4. Documents and Materials: List of all documents and materials examined or relied upon in forming opinions
5. Methodology: Description of the methods, techniques, and assumptions used in analysis
6. Expert Opinion: Statement of the expert opinions and conclusions reached, including reasoning
7. Code of Conduct Acknowledgment: Statement acknowledging understanding of Expert Witness Code of Conduct
8. Declaration of Compliance: Formal declaration of compliance with expert witness duties and obligations
9. Statement of Truth: Declaration that the contents are true and correct to the best of knowledge
10. Signature Block: Space for expert's signature, date, and professional stamp if applicable
1. Conflicts of Interest: Declaration of any potential conflicts of interest or confirmation of independence, used when there might be perceived conflicts
2. Previous Court Experience: Summary of previous expert witness experience, used when relevant to establish credibility
3. Limitations and Uncertainties: Discussion of any limitations or uncertainties in the opinion, used when there are significant caveats to the expert opinion
4. Supplementary Information: Additional relevant information not covered in main sections, used when case-specific details need to be included
5. Reservation of Rights: Statement reserving right to amend opinion if new information becomes available, used in complex cases
1. Schedule A - Curriculum Vitae: Detailed professional background, qualifications, and experience
2. Schedule B - List of References: Comprehensive list of documents, materials, and sources referenced
3. Schedule C - Technical Analysis: Detailed technical information, calculations, or analysis supporting the expert opinion
4. Schedule D - Relevant Publications: List of expert's publications relevant to the subject matter
5. Appendix 1 - Supporting Documentation: Copies of key supporting documents referenced in the declaration
6. Appendix 2 - Photographs or Diagrams: Visual evidence or illustrations supporting the expert opinion
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