About Witnesses and Experts when they testify at Courts in Spain


The testimonies of a witness cannot be confused with that of the expert. Let's look at some of the differences between both figures:


- The witness issues statements of knowledge about facts perceived by their senses, while the expert provides standards and maximum techniques of experience.


-The witness is necessary and inalienable, since the information sge/he provides is unique and irreplaceable by another; on the contrary, the expert is expendable since her/his special knowledge may be offered by another person with such knowledge.


-The witness, as a result of the personal perception of her/him, is always a natural person, while the expert can be a legal person (article 340.2 of the LEC).


- Witness and expert are regulated differently in the LEC (Spanish Civil Procedural Law) and considered as different means of proof.

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