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Centralized versus Decentralized Institutions for Expert Testimony

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  • Chulyoung Kim

Abstract

The legal community has been debating the question of who should select and provide expert witnesses at trial: the litigant or the judge? Using a persuasion-game framework, I show that there is a trade-off. On one hand, the litigant may consult an expert even when the judge is reluctant to do so due to high costs. On the other hand, given the same amount of expert advice, the judge can make a more accurate decision when using her own expert's advice. I show that the cost of expert advice is an important factor in this trade-off.

Suggested Citation

  • Chulyoung Kim, 2017. "Centralized versus Decentralized Institutions for Expert Testimony," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 173(2), pages 209-238, June.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(201706)173:2_209:cvdife_2.0.tx_2-h
    DOI: 10.1628/093245616X14664894246848
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    Cited by:

    1. Chulyoung Kim, 2017. "An economic rationale for dismissing low-quality experts in trial," Scottish Journal of Political Economy, Scottish Economic Society, vol. 64(5), pages 445-466, November.
    2. Yves Oytana & Nathalie Chappe, 2018. "Expert opinion in a tort litigation game," European Journal of Law and Economics, Springer, vol. 46(1), pages 67-107, August.
    3. Chulyoung Kim & Paul S. Koh, 2020. "Court‐appointed experts and accuracy in adversarial litigation," International Journal of Economic Theory, The International Society for Economic Theory, vol. 16(3), pages 282-305, September.

    More about this item

    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • D82 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Asymmetric and Private Information; Mechanism Design
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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