Rozgraniczenie dowodu z zeznań świadków i dowodu z opinii biegłego w postępowaniu cywilnym

Abstract

Theory of civil procedure has for a long time attempted at delimiting a. role of witness and expert. Various criteria of delimitation of these two roles in procceedings were taken into account. Yet, these proved to be illusive and unable to draw a clear-cut-line between a person to submit his testimony as a witness and a person who ought to stand before court as an expert. It can be easily seen in case of the so-called experts-witnesses. In the author's opinion, the basic difference between a witness and an expert nas a formai character and is related to the will of court examining knowledge of a given person in the form of determined evidence There are substantial differences between a witness who was called by court and an expert who was appointed by court and accepted his duties.