Evidence-Wellborn SU2006 Outline

Can use hearsay ie information obtained from a

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Unformatted text preview: idence!) In general the policy of administration is get these things figured out early, because if the plaintiff's expert gets knocked out you want the plaintiff to have the time to get a different expert before discovery runs out. KUMHO TIRE COMPANY LTD. v. CARMICHAEL [Expert Testimony: Reliability, Relevancy, and Gatekeeping: FRE 702] Holding: Trial judge's gatekeeping function applies to expert testimony based on technical and other specialized knowledge as well as scientific testimony. Notes: This holding is now codified in the 2000 amendment to rule 702: "If scientific, technical, or other specialized knowledge will assist the trier of fact...." Where the testimony's "factual basis, data, principles, methods, or their application are called sufficiently into question...the trial judge must determine whether the testimony has a `reliable basis in the knowledge and experience of the relevant discipline." Note: In evaluating the reliability of nonscientific expert testimony, a court may have to consider factors other than those listed in Daubert. ULTIMATE OBJECTIVE OF THE GATEKEEPING FUNCTION is the same for all expert testimony: "It is to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom th...
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