Heroes of the Judicial Periphery: Court Experts, Court Clerks, and Other Actors in the Shadows

This book assesses the role of the clerks, advisors and expert witnesses and other important actors on the ‘judicial periphery’ who play an important role and often determine the pace, outcome, and tone of the judicial process. In national civil justice systems, the limelight is all too often cast on the main actors: judges, lawyers, and parties but the court's support staff can sometimes be overlooked. This book explores the particularly complex relationship which exists between litigation and other court staff. Their knowledge and expertise may be indispensable at times, but it is among the most expensive, complicated and time-consuming means of evidence. The judges adjudicate, but where experts are involved in the process, they have a decisive impact on the outcome of litigation. Therefore, the principal focus of the book is on expert witnesses and how they are appointed, managed, and remunerated across Europe and the world. Other ancillary professions may also be decisive for effective provision of court services. Different jurisdictions have different rules and habits, but inevitably recognise the need of adequate support for judges. Sometimes judges command the whole team of clerks and lawyers; sometimes they share a secretary or a clerk. But in all cases, those who assist judges in their daily work have a decisive impact on the effectiveness and quality of the judicial process. The book considers the contribution of different actors including clerks, secretaries, advisors, counsels and reporters. It focuses on cooperation and the interplay between judges and other professional actors in litigation.