experts

Question 1

FED and VA civil rules regarding what experts may testify to

Answer 1

may testify to opinion even if facts supporting the opinion are inadmissible

OK if experts in that field would reasonably rely on those kinds of facts

Question 2

VA criminal rules regarding what experts must testify to

Answer 2

experts must base opinion on facts personally known or observed by expert or in evidence already

avoids confrontation clause issues

Question 3

May an expert disclosure inadmissible underlying facts to the jury in VA?

Answer 3

no

EX: “i talked to the fire fighter and he said X”

Question 4

what is the ultimate issue?

Answer 4

an opinion or conclusion regarding an element of the claim/defense

Question 5

VA civil ultimate issue

Answer 5

Experts may offer opinion as to ultimate issue

Question 6

VA criminal ultimate issue

Answer 6

Expert may not offer opinions as to the ultimate issue.

expert may not testify D had requisite mens rea.

Question 7

experts and insanity defense

Answer 7

experts may testify to D diagnosis and the effects of the disease

expert may NOT say D lacked capacity to understand the wrongfulness of his actions