You still must have personal knowledge of the matter, but you may give your opinion, draw inferences about the personal knowledge obtained you’ve EG: You saw man drinking all night—you may give opinion that he was “drunk” 2. Helpful to understanding testimony or determining fact 3. May not testify to: Scientific Technical or Specialized knowledge that enters scope of in 702 “expert testimony” C. Expert Witness Opinion: Governed by FRE 702 A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in opinion if: 1. Helpful to Trier of Fact in understanding 2. Based on sufficient facts or data 3. Based on Reliable principles and methods, and 4. Expert Reliably applies to the facts of the case 1. Process of Presenting and Using Expert: A. Call Expert: Show that they are beyond the layman Ask about education, skill, experience, training, and knowledge Familiarity with subject of the lawsuit B. Qualify the Witness as an Expert Note: Very broad standard on who can be an expert Does not require that you be paid for your work Expert Can be Used As Layman: Remember that if someone who could be considered an expert, i.e., a cardiologist, is merely testifying to non scientific, technical or special knowledge, they are a layman under 701 EG: Cardiologist happened to see the accident and testifies that he saw it Not an expert opinion, and is goverened by 701 Opposing Party: Gets chance to and question expertise “Voire Dire” Attempt to Limit Scope: If expert is an expert, and qualifications are not in question, defense counsel should attempt to narrow the application of what he may testify to Get a 105 to alert jury that expert may testify to A, but not B if “limiting instruction” applicable C. A 104 Preliminary Question: The Court will then rule, within the discretion as to whether party is an expert, and what scope court’s of testimony may be D. Testimony 1. Scope of Testimony: Once qualified as may testify to scientific, technical, and special knowledge “expert” 2. Bases for Expert Testimony: FRE 703: An expert may base his opinion on 1. First hand Knowledge His personal examination of evidence, testing, of things involved in the case 2. Facts Learned at Trial If he heard testimony while at trial, may use them to base his opinion Note** The 602 requirement of personal knowledge does not apply to an expert
You still must have personal knowledge of the matter, but you may give your opinion, draw inferences about the personal knowledge you’ve obtained EG: You saw man drinking all night—you may give opinion that he was “drunk” 2. Helpful to understanding testimony or determining fact 3. May not testify to: Scientific Technical or Specialized knowledge that enters scope of “expert testimony” in 702 C. Expert Witness Opinion: Governed by FRE 702 A witness qualified as an expert by knowledge, skill, experience, training, or education, may testify in opinion if: 1. Helpful to Trier of Fact in understanding 2. Based on sufficient facts or data 3. Based on Reliable principles and methods, and 4. Expert Reliably applies to the facts of the case 1. Process of Presenting and Using Expert: A. Call Expert: Show that they are beyond the layman Ask about education, skill, experience, training, and knowledge Familiarity with subject of the lawsuit B. Qualify the Witness as an Expert Note: Very broad standard on who can be an expert Does not require that you be paid for your work Expert Can be Used As Layman: Remember that if someone who could be considered an expert, i.e., a cardiologist, is merely testifying to non scientific, technical or special knowledge, they are a layman under 701 EG: Cardiologist happened to see the accident and testifies that he saw it Not an expert opinion, and is goverened by 701 Opposing Party: Gets chance to “Voire Dire” and question expertise Attempt to Limit Scope: If expert is an expert, and qualifications are not in question, defense counsel should attempt to narrow the application of what he may testify to Get a 105 “limiting instruction” to alert jury that expert may testify to A, but not B if applicable C. A 104 Preliminary Question: The Court will then rule, within the court’s discretion as to whether party is an expert, and what scope of testimony may be D. Testimony 1. Scope of Testimony: Once qualified as “expert” may testify to scientific, technical, and special knowledge 2. Bases for Expert Testimony: FRE 703: An expert may base his opinion on 1. First hand Knowledge His personal examination of evidence, testing, of things involved in the case 2. Facts Learned at Trial If he heard testimony while at trial, may use them to base his opinion Note** The 602 requirement of personal knowledge does not apply to an expert
Evidence%20-%20Carter%20-%20Fall%202011.docx