Opinions and Expert Testimony

Question 1

In FL, when can a lay witness’s testimony about what he perceived be in the form of opinion?

Answer 1

(1) the witness can’t readily and accurately describe what he saw w/o using inferences or opinions;
(2) the witness’s use of inferences or opinions won’t mislead the jury to the prejudice of the objecting party; and
(3) the opinions and inferences don’t require special knowledge

Question 2

What is the FL standard for testimony by experts?

Answer 2

If scientific, technical, or other specialized knowledge will help the jury understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise if:

(1) the testimony is based on sufficient facts or data;
(2) the testimony is the product of reliable methods; and
(3) the witness has reliably applied the methods to the facts to the case

Question 3

Does FL use Daubert or Frye?

Answer 3

Daubert

Question 4

In FL, how can a statement of facts or opinion on a subject of science, art, or specialized knowledge be used on an expert?

Answer 4

On cross examination, but can’t be used to bolster the credibility of the expert

Question 5

In FL, can experts testify as to the ultimate issue at trial?

Answer 5

Yes

Question 6

What is the rule on court-appointed experts in FL?

Answer 6

There is a duty on the judge to appoint experts in certain situations