Page 44 - Expert Witness

confidentiality or nondisclosure agreement. (1) An agreement that protects confidential infor-
mation or an agreement of secrecy. (2) An agreement protecting the state of having the dissemi-
nation of certain information restricted.

confidentiality order. A court order prohibiting or restricting a party from engaging in conduct, es-
pecially a legal procedure, such as discovery, that unduly annoys or burdens the opposing party
or third party witness.

conflict of interest. A real or seeming incompatibility between one’s private interests and one’s
public or fiduciary duties.

consultant (litigation). A person or expert who, though retained by a party, is not expected to be
called as a witness at the trial.

corroboration. Confirmation or support by additional evidence or authority.

corruption. (1) The act of doing something with intent to give some advantage inconsistent with of-
ficial duty and the right of others. (2) A fiduciary’s or official’s use of a station or office to pro-
cure some benefit, either personally or for someone else, contrary to the rights of others.

counterclaim. A claim for relief asserted against an opposing party after an original claim has been
made, especially a defendant’s claim in opposition to, or as a set-off against, a plaintiff’s claim.

court-appointed expert. An expert who is appointed by the court to present an unbiased opinion.
See Rule 706, "Court Appointed Experts, "of the Federal Rules of Evidence.

CPA-client privilege. See accountant-client privilege.

crime. (1) An act that the law makes punishable. (2) The breach of a legal duty treated as the subject
matter of a criminal proceeding.

criminal proceeding. (1) A proceeding instituted to determine a person’s guilt or innocence or to set
a convicted person’s punishment. (2) A criminal hearing or trial.

cross-complaint. A claim asserted by a defendant against a person not a party to the action for a
matter relating to the subject of the action.

cross-defendant. A defendant party to a claim asserted between co-plaintiffs or co-defendants in a
case that relates to the subject of the original claim or counterclaim.

cross-examination. The questioning of a witness at a trial or hearing by the party opposed to the
party who called the witness to testify.

custodian. Person having administrative control of a document or electronic file (for example, the
data custodian of an e-mail is the owner of the mailbox that contains the message). fn 24

fn 24 Source: www.edrm.net/resources/glossaries/glossary.

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