Page:The Law and the Doctor Vol 2 - The Physician as Witness.djvu/13



Upon examining the trial court, it is found, in respect to its functions, to consist of two agencies—one for ascertaining and defining the law as it applies to the various phases of the particular case; the other for determining and declaring the facts to which the law is applied. The first of these is the presiding judge, who, as such, is frequently referred to as "the court," and the second is the jury. Thus it is that the competency of the witness and legal admissibility of the evidence to be given by the witness are passed upon by the court, but the weight and effect of that evidence, when admitted, are for the jury to determine.

The physician may be required to take the witness stand in either of two capacities. He may be called to testify in regard to facts which have come under his observation relating to the issue, or he may be called to enlighten the court and jury by giving his opinion as to the medical aspect of the facts proved or assumed.

The attendance in court of a witness, whether an ordinary witness or an expert witness, is secured by the service of the writ of subpoena ad testificandum; or, if he is to be required to bring with him books, papers or documents in his possession or under his control, by the service of the writ of subpoena duces tecum. This