Examiner Court Appearances

Recommendations at a glance for jurisdictions to maximize the usefulness of examiner testimony: 

It should be expected that examiners will be called on to testify in court as either fact and/or expert witnesses,[1] even though in some cases, a plea bargain may be agreed upon, or the prosecuting attorney may decide not to try the case. Examiners should always conduct and document each examination knowing that legal testimony may ultimately be required.

[1] An expert witness is person who has training, education, and experience on a particular subject and who is formally found to be qualified as an expert by a judge. Expert witnesses may give opinions in court on matters in which their expertise is relevant. Nonexpert witnesses normally cannot give opinions in response to questions in court, but can only testify to the facts (what has been observed, collected, or heard). (Drawn from San Diego County’s SART Standards of Practice, 2001, p. 40.) 


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