NCJ Number
100334
Journal
Litigation Volume: 12 Issue: 1 Dated: (Fall 1985) Pages: 18-24
Date Published
1985
Length
7 pages
Annotation
Under modern evidence codes and decisions, the permissible scope, basis, and form of expert testimony have been broadened, reflecting lawmakers' confidence in juries and the adversary system.
Abstract
Federal Evidence Rules 702 through 705, enacted by Congress in 1975, expand the parameters of expert testimony, the kinds of facts upon which expert opinion must be grounded, and the form in which the opinion may be given. Regarding the scope of testimony, expert witnesses may testify on almost anything within their areas of expertise, no matter how novel in the scientific community or self-evident to the lay mind. Rule 703 liberalizes the kinds of facts upon which expert opinion must be grounded. It allows experts to base their opinions on otherwise inadmissible but reliable data. It permits the jury to hear information that would normally be considered improper evidence. By allowing experts to recite the sources on which their testimony relies, the testimony substitutes for that of other witnesses or documents. Regarding the form of expert testimony, Rule 705 abolishes the requirement that every essential basis for an expert opinion must be specified during direct examination before an opinion can be stated. Rule 705 permits the expert to testify without prior disclosure of facts underlying the opinion. Attorneys conducting the direct examination of expert witnesses may thus order the testimony as they desire.