Opinion Testimony Flashcards
1
Q
What types of opinion testimony are permitted by lay witnesses?
A
Opinions regarding character, reputation, voice identification, and handwriting identification.
2
Q
When are expert witnesses allowed to offer an opinion at trial?
A
- When opinion is within their specialized knowledge
- when opinion is one that will assist the finder of fact
- Underlying theory of opinion is determined by court to be reliable and relevant
(N.B - foundation must be laid for the expert’s opinion)
3
Q
Who can be an expert witness in a Health Care Liability Claim in TX?
A
Must be licensed US Physician practicing medicine
4
Q
Who can be expert witness in construction claim?
A
Must be builder or a contractor. NOTE: in cases involving fire insurance policies: expert prohibited from offering opinion on whether building properly fireproofed.
5
Q
When should an objection to expert qualifications be filed?
A
Within 21 days of notice of the proponent offering expert opinion.
