700s: Opinions and Expert Testimony

Question 1

Rule 701. Opinion Testimony by Lay Witnesses`

Answer 1

If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:

(a) rationally based on the witness’s perception;
(b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue; and
(c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Question 2

Rule 702. Testimony by Expert Witnesses

Answer 2

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

Question 3

Rule 703. Bases of an Expert’s Opinion Testimony

Answer 3

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

Question 4

Rule 704. Opinion on an Ultimate Issue

Answer 4

(a) In General–Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
(b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.

Question 5

Requirements of lay opinion

Answer 5

1. Rationally based on witness’s perception (personal knowledge)
2. Helpful to clearly understanding the witness’s testimony or to determining a fact at issue; and
3. Not based on scientific, technical, or other specialized knowledge within the scope of Rule 702 on experts.

Question 6

What three things can be the basis for expert opinion?

Answer 6

1. First-hand observations
2. Trial testimony or evidence
3. Otherwise inadmissible background info (hearsay!) that is reasonably relied upon in the profession/field.

Question 7

What are the four requirements of expert opinion?

Answer 7

1. Expert’s scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence or determine a fact at issue;
2. The testimony is based on suffcient facts or data;
3. The testimony is the product of reliable principles and methods; and
4. The expert has reliably applied the principles and methods to the facts of the case