Expert Opinion Flashcards
Expert opinion
An expert may state an opinion or conclusion provided that: (i) it is relevant and reliable; (ii) the witness is qualified as an expert; (iii) the expert possesses reasonable probability regarding his opinion; and (iv) the opinion is supported by a proper factual basis. Fed. R. Evid. 702.
As to the factual basis, the expert’s opinion may be based upon one or more of three possible sources of information: (i) facts that the expert knows from his own observation; (ii) facts presented in evidence at the trial and submitted to the expert, usually through a hypothetical question; or (iii) facts not in evidence that were supplied to the expert out of court, and which are the type reasonably relied upon by experts in the particular field in forming opinions on the subject. Fed. R. Evid. 705. When a hypothetical question is posed to an expert, it may be based on the same types of facts mentioned above.
