Article VII - Opinions and Expert Testimony

Question 1

Rule 701

Answer 1

Opinion Testimony by Lay Witness

Under Rule 701, 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 determine a fact in issue;
(c) NOT BASED on SCIENTIFIC/TECHNICAL, or other specialized knowledge within the scope of Rule 702

Question 2

Rule 702

Answer 2

Testimony by Expert Witness

Under Rule 702, a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in 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 produce of reliable principles and methods;
(d) expert has reliably applied the principles and methods to the facts of the case

Question 3

Rule 703

Answer 3

Bases of Expert Opinion Testimony

Under Rule 703, an expert may base opinion on facts or data 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 in opinion on the subject, they NEED NOT be admissible for the opinion to be admitted.

BUT if 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.

Note: the expert need NOT have personal knowledge under 602; also, the expert can base opinion from testimony given in trial.