Evidence-Wellborn SU2006 Outline

Holding the trial court erred should have allowed the

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Unformatted text preview: cient to form an opinion in the reasonable practice of that profession in the world, then the OPINION is not objectionable on those grounds All 703 says is that the opinion may be competent despite the fact that it is based on facts that are not shown or proved by other witnesses (normally we are talking about hearsay). Expert as hearsay conduit. Trial court must insure that an expert witness is truly testifying as an expert and not merely serving as a conduit through which hearsay is brought before the jury. Ex Inadmissible. Plaintiffs sought to prove that Ds fraudulently sold them a car with a rolled-back odometer and called a state revenue investigator to testify that hundreds of cars sold by Ds had rolled back odometers. The court of appeals held that the testimony should not have been admitted because the witness was merely relating hearsay to the jury and was not PRESENTING CONCLUSIONS that were the product of expertise applied to the facts. FRE 705: Disclosure of Facts or Data Underlying Expert Opinion The expert may testify in terms of opinion or inference and give reasons therefore without first testifying to the underlying facts or data, unless the court requires otherwise. The expe...
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