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Most notably in the context of a criminal prosecution, an expert witness who evaluates or examines an item pertinent to an investigation or case evaluation may add an entry to a "chain of custody" document, [6] a form that contains the item's description, the time and date of release for all prior custodians of the item, and the time and date ...
Images are stored in proprietary Expert Witness File format; the compressible file format is prefixed with case data information and consists of a bit-by-bit (i.e. exact) copy of the media inter-spaced with CRC hashes for every 64 sectors of data (by default). [8] The file format also appends an MD5 hash of the entire drive as a footer. [9]
the witness is subject to cross-examination about the prior statement. [4] There is no requirement that the prior consistent statement have been made under oath at a prior trial or hearing. A form of prior consistent statement excepted from this rule is that of prior identification by the witness of another person in a lineup. [citation needed]
A document examiner is often asked to determine if a questioned item originated from the same source as the known item(s), then present their opinion on the matter in court as an expert witness. Other common tasks include determining what has happened to a document, determining when a document was produced, or deciphering information on the ...
Although the Daubert standard is now the law in federal court and over half of the states, the Frye standard remains the law in some jurisdictions including California, Illinois, Pennsylvania, and Washington. [7] Florida passed a bill to adopt the Daubert standard as the law governing expert witness testimony, which took effect on July 1, 2013. [8]
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
Expert witness deposition in a mock trial simulation. The court reporter, who is an officer of the court, administers the oath to the deponent. The person to be deposed (questioned) at a deposition, known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena.
Where allowed, such an endorsement gives the document the same weight as an affidavit, per 28 U.S.C. § 1746 [2] The document is called a sworn declaration or sworn statement instead of an affidavit, and the maker is called a "declarant" rather than an "affiant", but other than this difference in terminology, the two are treated identically by ...