Evidence-Wellborn SU2006 Outline

May only be presented while expert witness is on the

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Unformatted text preview: nquiry and not an arbitrary distinction between "fact" and "opinion" was the Committee's primary safeguard against the admission of unreliable evidence, which applies to all elements of the report. Notes: Lack of trustworthiness proviso [803(C)]: Public reports offered under 803(C) are presumed admissible; the burden is on the party opposing the admission of the report to prove its untrustworthiness Factors to Consider timeliness of investigation, investigator's experience or skill, whether a hearing was held, possible bias when reports are prepared with a view to possible litigation. While a distinction between fact and opinion need not be made, it is appropriate to draw a line between legal conclusions and factual conclusions! (I.e. the pilot was negligent = legal conclusion and thus inadmissible, versus the accident was caused by pilot error = factual conclusion and thus admissible). Applying the law to the facts is the jury's job not the witnesses job and we do not want the witness to venture into that task to the extent...
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