Publication details

§ 28 odst. 5 nového zákona o znalcích ve světle stávající judikatury

Title in English Article 28 section 5 of the new Act on expert witnesses in light of recent jurisprudence

FRÝDEK Miroslav

Year of publication 2022
Type Article in Proceedings
Keywords Expert Witness, Expert Witness Standards, Expert Witness Methodology, Expert Report, New Act on Expert Witnesses
Description Article 28 section 5 of the new Act on Expert Witnesses introduced a new legal framework for drafting an expert eport: "The expert report has to be drafted in line with the generally accepted standards and procedures of the given field and industry, unless justified otherwise. The expert report conclusion includes unequivocal answers to given questions in line with generally accepted standards and procedures. If the data or the methods do not allow the witness to give an unequivocal conclusion, the witness will state the facts that lower the accuracy of its conclusion." This paper deals with the evaluation of expert witness reports in the courts´decision-making process. Furthermore, it examines whether there could be any complex, reviewable, truthful and compelling expert report that includes facts that lower the accuracy of its conclusion.

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