Expert Witness Court Attendance: What Solicitors Need to Know

When Court Attendance Becomes Necessary

Most expert witness reports do not result in the expert attending court. Where the report is agreed between the parties, or where the issue it addresses is resolved before trial, the written evidence stands without oral testimony. Court attendance arises when the opposing party challenges the expert's opinion and the court determines that oral evidence is necessary to resolve the dispute.

In Crown Court proceedings, the judge has discretion to admit expert evidence in written form under section 9 of the Criminal Justice Act 1967, provided both parties agree. Where the defence or prosecution objects to the report, the expert will be required to attend and give oral evidence. In family proceedings under FPR Part 25, the court may direct oral evidence at any stage, including at a final hearing where the expert's opinion is central to the welfare decision.

The decision to require oral evidence is the court's, not the parties'. You cannot prevent an expert from being called if the court directs their attendance. Confirm at the point of instruction whether the expert is available for the trial window, and include a court attendance clause in the fee agreement.

Preparing the Expert for Court

The expert should receive the trial bundle, any updated case documents, and the questions likely to be raised in cross-examination at least five working days before the hearing. Last-minute document disclosure is a common cause of expert witness difficulties at trial — the expert cannot give reliable oral evidence on documents they have not had time to review.

A pre-trial conference between the expert and counsel is standard practice in complex cases. The conference allows counsel to understand the expert's opinion in depth, identify the areas most likely to be challenged, and agree the structure of evidence in chief. The expert should not be coached on what to say — the conference is for clarification, not advocacy preparation.

Ensure the expert has the court's address, the courtroom number, and the expected start time. In Crown Court proceedings, experts are typically asked to attend at 9:30am. In family proceedings, the listing office will confirm the time directly. Where the expert is travelling from outside the local area, confirm travel and accommodation arrangements in advance.

Giving Evidence in Chief

Evidence in chief is the expert's initial oral evidence, given in response to questions from the instructing party's counsel. In most cases, the expert's written report is taken as read, and evidence in chief is brief — counsel will ask the expert to confirm their qualifications, confirm the report, and expand on any points that require clarification or that have been updated since the report was filed.

Where the expert has produced an addendum or has revised their opinion following a joint expert discussion, evidence in chief should address those changes explicitly. The court will want to understand what changed and why.

Keep evidence in chief focused. The expert's written report already sets out the full opinion — oral evidence in chief should add value, not repeat what is already on the page. Judges and magistrates read the reports before the hearing.

Cross-Examination: What to Expect

Cross-examination is conducted by opposing counsel and is designed to test the reliability of the expert's opinion. Common lines of cross-examination in psychiatric and psychological cases include:

A well-prepared expert will anticipate these lines of challenge and address them in the written report. Where the cross-examination raises a genuinely new point that the expert has not considered, the expert may ask for time to consider their response — this is entirely appropriate and far preferable to giving an ill-considered answer under pressure.

The expert should never become adversarial in cross-examination. Their role is to assist the court, and a composed, evidence-based response to challenge is far more persuasive than a defensive or combative one.

Re-examination and Questions from the Bench

Following cross-examination, the instructing party's counsel may re-examine the expert. Re-examination is limited to matters raised in cross-examination — it is not an opportunity to introduce new evidence. Its purpose is to clarify any ambiguity created by cross-examination and to allow the expert to complete any answer that was cut short.

The judge or magistrate may also ask questions directly. In family proceedings, the judge frequently asks the expert to address specific welfare concerns that have emerged during the hearing. The expert should answer these questions directly and without qualification unless the question falls outside the scope of their assessment.

Once the expert has completed their evidence, they are released from the witness box. In most cases, the expert is then free to leave court. Where the proceedings are ongoing and the expert may be recalled, the court will indicate whether they should remain available.

Court Attendance Fees

Court attendance fees are charged separately from the assessment and report fee. The standard structure is a half-day rate (up to four hours) and a full-day rate (over four hours). Travel time is typically charged at the expert's hourly rate, and travel expenses — mileage, rail, accommodation — are reimbursed at cost.

Where the hearing is adjourned on the day and the expert has already attended, the attendance fee is payable in full. This is standard practice and should be reflected in the fee agreement at the point of instruction.

Where the expert is required to attend on multiple days — for example, in a lengthy Crown Court trial — the daily rate applies to each day of attendance. Confirm the expected trial length at the point of instruction and ensure the expert's availability covers the full trial window.

Pre-Hearing Checklist for Solicitors