EXPERT & OTHER OPINION TESTIMONY Flashcards
§ 800 - Opinion testimony of Lay Witness
Testimony from a lay witness in the form of an opinion needs to be: (a) Rationally based on the perception of the witness; and (b) Helpful to providing a clear understanding of his testimony.
§ 801 - Opinion testimony of Expert Witness
An expert may give testimony in the form of an opinion if the:
The opinion is related to a subject sufficiently beyond common experience that the expert’s opinion would assist the trier of fact;
The opinion is based on the witness’s special knowledge, skill, experience, training, and education;
The opinion is based on information known to the witness or made known to him at or before the hearing, whether or not admissible; and
The information is of a type that experts reasonably rely on when forming an opinion on the subject.
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§ 802 - Statement of Basis of Opinion
A witness testifying in the form of an opinion may state the reasons for his opinion and the matter upon which it is based, unless he is precluded by law from using such reasons or matter to form his opinion.
An expert witness testifying in the form of an opinion may state the reasons for his opinion and the special knowledge, skill, experience, training, or education used to form his opinion.
The court in its discretion may first require that a witness be examined concerning the matter upon which his opinion is based before testifying.
§ 803 - Opinion Based on Improper Matter
Upon objection, the court shall exclude opinion testimony that is based on an improper matter. The remaining part of the opinion based on a proper matter is admissible.
§ 804 - Opinion Based on Another’s Opinion or Statement
If an expert’s opinion is based in whole or in part on the opinion or statement of another person, the adverse party may call and cross the other person concerning the opinion or statement except where:
- The person is another party to the case; or
- The person is a witness who has testified concerning the subject matter the expert relied on to form the opinion.
The expert’s opinion may still be admissible even it is based on the opinion or statement of a person who is unavailable for examination.
§ 805 - Opinion on Ultimate Issue
Opinion testimony is not objectionable because it embraces the ultimate issue that the trier of fact must decide.
§ 870 - Opinion as to Sanity
A witness may state his opinion as to a person’s sanity when:
(a) The witness is an intimate acquaintance of the person whose sanity is in question;
(b) The validity of an executed writing is in dispute, and the subscribing witness opines as to the party’s sanity at the time when signing the writing; or
(c) The witness is qualified under Section 800 or 801 to testify in the form of an opinion.
