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ARTICLE VII. OPINIONS AND EXPERT TESTIMONY

Table of Contents

Article I. General Provisions
Article II. Judicial Notice
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Rule 702
Rule 703
Rule 704
Rule 705
Article VIII. Hearsay
Article X. Contents of Writings, Recordings,
and Photographs

Revised Rule 703. [Bases of] Opinion Testimony by Experts [changes highlighted]

       (a) General rule. Subject to subsections (b) and (c), if expert testimony will help the trier of fact understand the evidence or determine a fact in issue, a qualified witness may testify to specialized knowledge, as well as opinions and inferences drawn therefrom, without personal knowledge of the underlying data.

Click here to see commentary on Revised Article 703(a).

       (b) Principles, methodologies, and applications employed. A proponent of expert testimony must demonstrate, by a preponderance of the evidence, that the scientific, technical, or other bases of the testimony, including all principles, methodologies, and applications employed by the witness in forming opinions and inferences, produce credible results.

Click here to see commentary on Revised Article 703(b).

       (c) Factual basis of opinion. The [facts or] case specific data [in the particular case] upon which an expert bases an opinion or inference may be [those] perceived by or made known to the expert at or before the hearing. [If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.] A proponent of expert testimony must make a demonstration of reliability, pursuant to Rule 803(5), for all otherwise inadmissible hearsay data relied upon by the expert. An expert may not rely upon data that is inadmissible.

Click here to see commentary on Revised Article 703(c).

Revised Rule 703. Opinion Testimony by Experts [clean copy]

       (a) General rule. Subject to subsections (b) and (c), if expert testimony will help the trier of fact understand the evidence or determine a fact in issue, a qualified witness may testify to specialized knowledge, as well as opinions and inferences drawn therefrom, without personal knowledge of the underlying data.

       (b) Principles, methodologies, and applications employed. A proponent of expert testimony must demonstrate, by a preponderance of the evidence, that the scientific, technical, or other bases of the testimony, including all principles, methodologies, and applications employed by the witness in forming opinions and inferences, produce credible results.

       (c) Factual basis of opinion. The case specific data upon which an expert bases an opinion or inference may be perceived by or made known to the expert at or before the hearing. A proponent of expert testimony must make a demonstration of reliability, pursuant to Rule 803(5), for all otherwise inadmissible hearsay data relied upon by the expert. An expert may not rely upon data that is inadmissible.

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