Expert witness definition law12/2/2023 ![]() 329 (1962) Zeisel, The Uniqueness of Survey Evidence, 45 Cornell L.Q. 1 (1956) Bonynge, Trademark Surveys and Techniques and Their Use in Litigation, 48 A.B.A.J. 1963) See also Blum et al, The Art of Opinion Research: A Lawyer's Appraisal of an Emerging Service, 24 U.Chi.L.Rev. See Judge Feinberg's careful analysis in Zippo Mfg. Attention is directed to the validity of the techniques employed rather than to relatively fruitless inquiries whether hearsay is involved. The rule also offers a more satisfactory basis for ruling upon the admissibility of public opinion poll evidence. A similar provision is California Evidence Code §801(b). His validation, expertly performed and subject to cross-examination, ought to suffice for judicial purposes. The physician makes life-and-death decisions in reliance upon them. Most of them are admissible in evidence, but only with the expenditure of substantial time in producing and examining various authenticating witnesses. Thus a physician in his own practice bases his diagnosis on information from numerous sources and of considerable variety, including statements by patients and relatives, reports and opinions from nurses, technicians and other doctors, hospital records, and X rays. In this respect the rule is designed to broaden the basis for expert opinions beyond that current in many jurisdictions and to bring the judicial practice into line with the practice of the experts themselves when not in court. ![]() The third source contemplated by the rule consists of presentation of data to the expert outside of court and other than by his own perception. Problems of determining what testimony the expert relied upon, when the latter technique is employed and the testimony is in conflict, may be resolved by resort to Rule 705. The technique may be the familiar hypothetical question or having the expert attend the trial and hear the testimony establishing the facts. The second source, presentation at the trial, also reflects existing practice. Whether he must first relate his observations is treated in Rule 705. Rheingold, The Basis of Medical Testimony, 15 Vand.L.Rev. The first is the firsthand observation of the witness, with opinions based thereon traditionally allowed. Notes of Advisory Committee on Proposed Rulesįacts or data upon which expert opinions are based may, under the rule, be derived from three possible sources. ![]() But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.
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