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13 Cards in this Set

  • Front
  • Back
Rule 701. Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the witness's 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's testimony or the determination of a fact in issue.
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.
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.
Rule 704. Opinion on Ultimate Issue
Testimony in the form of an opinion or inference otherwise admissible is to be excluded if it embraces an ultimate issue to be decided by the trier of fact.
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 cross-examination.
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.
Consent of court appointed experts under Rule 706. Court Appointed Experts (a) Appointment.
An expert witness shall not be appointed by the court unless the witness consents to act.
Notice of duties for court appointed experts under Rule 706. Court Appointed Experts (a) Appointment.
A witness so appointed shall be informed of the witness's 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.
Findings of court appointed experts under Rule 706. Court Appointed Experts (a) Appointment.
A witness so appointed shall advise the parties of the witness's findings, if any; the witness's deposition may be taken by any party; and the witness may be called to testify by the court or any party.
Cross-examination of court appointed witnesses under Rule 706. Court Appointed Experts (a) Appointment.
The witness shall be subject to cross-examination by each party, including a party calling the witness.
Rule 706. Court Appointed Experts (b) Compensation.
Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. Except as otherwise provided by law, the court shall order that the compensation be paid by the parties in such a proportion as the court may direct, to be paid at such a time as the court directs, and the costs as so ordered may be charged in the same manner as other costs.
Rule 706. Court Appointed Experts (c) Disclosure of Appointment.
The fact that the court has appointed a particular expert witness will not be disclosed to the jury.
Rule 706. Court Appointed Experts (d) Parties' Experts of Own Selection.
Nothing in this rule limits the parties in calling expert witnesses of their own selection.