Case Note & Summary
The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who was presented as an expert in Texas civil law. The plaintiffs sought enforcement of a Texas court judgment for USD 7.5 million. The defendants resisted enforcement on grounds including lack of jurisdiction of the Texas court. The plaintiffs had already examined two expert witnesses on Texas law. The defendants then sought to examine Mr. Keel, but the plaintiffs objected that his affidavit went beyond stating the law and applied it to the facts. The court analyzed the proper scope of expert evidence on foreign law, holding that an expert must only state the law, not apply it. The court allowed the motion, ordering the expunging of portions where Mr. Keel applied Texas law to the facts.
Headnote
A) Civil Procedure - Expert Evidence on Foreign Law - Scope of Expert Testimony - Order 18 Rule 17, Code of Civil Procedure, 1908; Section 45, Indian Evidence Act, 1872 - The court held that an expert witness on foreign law must confine his evidence to stating what the foreign law is, and cannot apply that law to the facts of the case, as application of law is the exclusive function of the court. Portions of the affidavit of evidence where the expert applied Texas law to the facts were ordered to be expunged. (Paras 1-5)
Issue of Consideration
Whether an expert witness on foreign law can go beyond stating the law and apply it to the facts of the case, and whether such portions of the affidavit of evidence should be struck off.
Final Decision
The court allowed the Notice of Motion and ordered the expunging of portions of Mr. Keel's affidavit where he applied Texas law to the facts of the case.
Law Points
- Expert evidence on foreign law must be confined to stating the law
- not applying it to facts
- application of law is the court's function
- Order 18 Rule 17 CPC
- Section 45 Evidence Act
