Expert Testimony

Question 1

If this is a LAY witness, what are the limitations of their testimony? (FRE 701)

Answer 1

1. Rationally based on witness’ perception
2. Helpful to clearly understand the witness’ testimony or to determine a fact in issue
3. Not based in scientific, technical, or other specialized knowledg

Question 2

FRE 702: Expert Testimony Requirements

Answer 2

1. The scpeialized knowledge will help the trier of fact to understand the evidence or determine a fact in issue
2. the testimony is based on sufficient facts/data
3. the testimony is the product of reliable principles and methods
4. the expert’s opinion reflects the reliable application of principles and methods to the facts of the case
5. Experts must show the helpfulness and 3 reliability types
6. The judge is a gatekeeper to say that the proponent has met their burden
7. The application of the technique out of court AND today’s opinions must be reliable

Question 3

When will expert testimony be allowed into evidence at a trial?

Answer 3

When it is BOTH helpful and reliable
Reliability:
1. Reliable inputs
2. Reliable methods
3. Reliable inferences by the expert

Question 4

On what should experts base their opinions for testimony? (FRE 703)

Answer 4

facts/data where experts were not aware of/personally observed at the time it happened

Question 5

Are experts able to testify on the ultimate issue? (FRE 704)

Answer 5

Yes.

Question 6

Describe the Hinkley Rule (FRE 704(b))

Answer 6

1. Experts cannot opine on mens rea in criminal cases
2. No discusion may be had regarding whether the D had a mental condition/state that constitutes the element of a crime/defense

Question 7

Do experts need to disclose the underlying facts to their opinions? (FRE 705)

Answer 7

Not unless the court orders their discussion, or it is brought up on Cross

Question 8

Can courts appoint experts for indigent parties? (FRE 706)

Answer 8

Yes, on their own or upon party request.