Evidence: expert witnesses

The cards

1. FRE 702Testimony by Expert Witnesses
2. FRE 702: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that
   1. 1the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue
   2. 2the testimony is based on sufficient facts or data
   3. 3the testimony is the product of reliable principles and methods
   4. 4the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case
3. FRE 703Bases of an Expert’s Opinion Testimony
4. FRE 703: Bases of an Expert’s Opinion TestimonyAn expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
5. FRE 704Opinion on an Ultimate Issue
6. FRE 704(a): In General—Not Automatically ObjectionableAn opinion is not objectionable just because it embraces an ultimate issue.
7. FRE 704(b): ExceptionIn a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
8. FRE 705Disclosing the Facts or Data Underlying an Expert’s Opinion
9. FRE 705: Disclosing the Facts or Data Underlying an Expert’s OpinionUnless the court orders otherwise, an expert may state an opinion—and give the reasons for it—without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
10. FRE 706Court-Appointed Expert Witnesses
11. FRE 706(a): Appointment ProcessOn a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed and may ask the parties to submit nominations. The court may appoint any expert that the parties agree on and any of its own choosing. But the court may only appoint someone who consents to act.
12. FRE 706(b): Expert’s Role
    1. 1must advise the parties of any findings the expert makes
    2. 2may be deposed by any party
    3. 3may be called to testify by the court or any party
    4. 4may be cross-examined by any party, including the party that called the expert
    The court must inform the expert of the expert’s duties. The court may do so in writing and have a copy filed with the clerk or may do so orally at a conference in which the parties have an opportunity to participate. The expert:

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