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10 Cards in this Set

  • Front
  • Back
Expert Witness Testimony - Rule 702
1. Qualification as Expert
2. Assist Trier of Fact
3. Sufficient Facts and Data
4. Product of Reliable Principles and Methods
5. Expert Reliably Applied to Facts of the Case
Rule 702 - Qualifications as Expert
An witness is qualified as an expert by knowledge, skill, experience, training, or education.
Rule 702 - Assist the Trier of Fact
Expert testimony must assist the trier of fact understand the evidence or determine a fact in issue.
Rule 702 - Sufficient Facts and Data
Testimony must be based on sufficient facts and data.
Rule 702 - Reliable Principles and Methods
The testimony must be the product of reliable principles and methods.
Rule 702 - Fit to Facts of the Case
The expert must have reliably applied the principles and methods to the facts of the case.
Reliability: Daubert Factors
1. Whether the theory or technique in question can be or has been tested.
2. Whether the theory or technique has been subjected to peer review and publication.
3. Known or potential rate of error.
4. Existence and maintenance of standards controlling the application of the technique.
5. General acceptance within the scientific community.
Bases for Expert Testimony - Rule 703
An expert may base her opinion on facts and data she has been made aware of or personally observed, which may be derived from one of three sources.

1. Firsthand Knowledge
2. Presentations at Trial
3. Outside Information
Rule 703 - Outside Information
An expert may base her opinion on facts and data otherwise inadmissible at trial if other experts in the particular field would reasonably rely on the same kinds of facts and data the expert used in formulating an opinion on the subject matter.
Ultimate Issue - Rule 704
An expert may testify to ultimate issues so long as he does not use the same language of the applicable legal standard.

Criminal Exception: The expert may only explain the pertinent diagnosis but cannot state an opinion about the defendant's mental state or condition that constitutes an element of the charged offense.