Fall 2018

Scientists as Experts Serving the Court

Daniel L. Rubinfeld and Joe S. Cecil
Courts were not designed to consider the increasingly complex scientific and technical evidence needed to resolve contemporary legal disputes; party control of the presentation of evidence places great strain on the judge and jury. Daniel L. Rubinfeld and Joe S. Cecil evaluate three ways courts could appoint experts independent of the parties to assist the court: the appointment of an expert to advise the court and the parties regarding a disputed scientific issue by testifying in open court and being cross-examined by the parties; a “technical advisor” who assists the judge regarding scientific issues; and a special master who takes responsibility for the resolution of a portion of the case and prepares a written report for consideration by the court.
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