Evidence-Wellborn SU2006 Outline

Neither rule tells us whether the proponent can

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Unformatted text preview: rt may in any event be required to disclose the underlying facts or data on cross-examination. In theory, at least, an expert's direct examination may consist only of the recitation of his qualifications and conclusions. No explanations need be provided In practice, however, such a bare-bones offering is unlikely to prove effective. o Cross-examiner can then probe into the basis of the expert's opinion can reveal the experts lack of adequate basis for the opinion, and court will strike the testimony. Court MAY require prior disclosure but rule provides no guidance as to when. If the underlying facts are otherwise inadmissible, they may be disclosed to the jury only if the court determines that the probative value of revealing them substantially outweighs the danger of unfair prejudice!! Rule 705 is a fossil rule: "You don't have to show/elicit the facts on which the opinion is based before eliciting the opinion" Purely addresses a matter of form (remember fossil rule = designed to reject a common law doctrine, in this case a law known as the pre-statement of basis) Note: You have to qualify the expert and have to lay the foundation that she has somewhere obtained facts of this case,...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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