Role of Expert Witness in Software Development litigations

Role of Expert Witness in Software Development litigations

- in Technology
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Most of the failed software implementation works fosterrelated legal issues. And such legal matters are complex, expensive and a complete wastage of time too because it is very difficult to untanglethe financial scopeof the claims. These venturesoften get terminated and the allegations of insufficientdelivery, defects, errors, wrong designs, operational anomalies, low performanceetc. arise and the disputes end up into the court rooms. Many forms of dispute resolutions like mediation with the help of professional attorneys and software development expert witnesses are sought. Their independent opinions are availed to decide what exactly went so wrong and how wrong are the consequences. So let us see,exactly what is the role and scope of the expert witnesses in testifying and reporting the facts.

software devloper

  • They can assist in all stages of software-relatedtrials
  • They can examine even he largest and the complex code bases to find out how exactly do they work
  • They write and issue expert reports that help judges arrive at specific conclusions.
  • They do not just provide testimony but they also provide consulting services for resolution of the cases.
  • Expert witnesses have extensive experience in patenttrials.
  • They help to disprove or accept the infringement claims.
  • They can give the opinions from a technical point of view for claim construction.
  • They also help to investigate patent invalidity.
  • They help determining as to who should bear the consequences of failures of software projects and the breach of contracts
  • They also help to determine whether the infringement has taken place.
  • They perform forensic data recovery to find out valuable information. It means that they can help find the data that has been deleted, lost or damaged.
  • They are the experts in a broad variety of computer technologies

Typically the scope of an Expert Witness can be determined by the following

1 To find out what should be done

  1. What should be considered as evidence?
  2. What was the quality of the delivered product?
  3. What is his opinion?

To conclude, a software expert witness must have wide experience as his job can be technically laborious and independent. He must be critically objective and at the same time must be good in English or the native language.

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