Opinion Testimony...
Federal Rules of Evidence: Opinion Testimony
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the witness’ testimony
in the form of opinions or inferences is limited to those
opinions or inferences which are (a) rationally based on the perception
of the witness, and (b) helpful to a clear understanding of
the witness’ testimony or the determination of a fact in issue, and
(c) not based on scientific, technical, or other specialized knowledge
within the scope of Rule 702.
Rule 702. Testimony by Experts
If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience,
training, or education, may testify thereto in the form of
an opinion or otherwise, if (1) the testimony is based upon sufficient
facts or data, (2) the testimony is the product of reliable
principles and methods, and (3) the witness has applied the principles
and methods reliably to the facts of the case.
Rule 703. Bases of Opinion Testimony by Experts
The facts or 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 in order for the opinion or inference to be
admitted. Facts or data that are otherwise inadmissible shall not
be disclosed to the jury by the proponent of the opinion or inference
unless the court determines that their probative value in assisting
the jury to evaluate the expert’s opinion substantially outweighs
their prejudicial effect.
Rule 704. Opinion on Ultimate Issue
(a) Except as provided in subdivision (b), testimony in the form
of an opinion or inference otherwise admissible is not objectionable
because it embraces an ultimate issue to be decided by the
trier of fact.
(b) No expert witness testifying with respect to the mental state
or condition of a defendant in a criminal case may state an opinion
or inference as to whether the defendant did or did not have
the mental state or condition constituting an element of the
crime charged or of a defense thereto. Such ultimate issues are
matters for the trier of fact alone.
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
The expert may testify in terms of opinion or inference and give
reasons therefor without first testifying to the underlying facts or
data, unless the court requires otherwise. The expert may in any
event be required to disclose the underlying facts or data on crossexamination.
Rule 706. Court Appointed Experts
(a) Appointment.—The court may on its own motion or on the
motion of any party enter an order to show cause why expert witnesses
should not be appointed, and may request the parties to
submit nominations. The court may appoint any expert witnesses
agreed upon by the parties, and may appoint expert witnesses of
its own selection. An expert witness shall not be appointed by the
court unless the witness consents to act. A witness so appointed
shall be informed of the witness’ duties by the court in writing,
a copy of which shall be filed with the clerk, or at a conference
in which the parties shall have opportunity to participate. A witness
so appointed shall advise the parties of the witness’ findings,
if any; the witness’ deposition may be taken by any party; and the
witness may be called to testify by the court or any party. The
witness shall be subject to cross-examination by each party, including
a party calling the witness.
(b) Compensation.—Expert witnesses so appointed are entitled
to reasonable compensation in whatever sum the court may allow.
The compensation thus fixed is payable from funds which may be
provided by law in criminal cases and civil actions and proceedings
involving just compensation under the fifth amendment. In
other civil actions and proceedings the compensation shall be paid
by the parties in such proportion and at such time as the court directs,
and thereafter charged in like manner as other costs.
(c) Disclosure of appointment.—In the exercise of its discretion,
the court may authorize disclosure to the jury of the fact that the
court appointed the expert witness.
(d) Parties’ experts of own selection.—Nothing in this rule limits
the parties in calling expert witnesses of their own selection.
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