Evidence-Wellborn SU2006 Outline

No expert witness testifying with respect to the

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Unformatted text preview: asis of their truth, but the admitted to show the basis of the opinion) this limitation is a stretch however. Also says: This is also subject to rule 403 (as are all limited admissibility questions). The court, if requested by the opponent, can apply 403 and weigh the probative value of the otherwise inadmissible stuff for this purpose of showing the basis of the opinion, against the danger that the jury will not be able to obey the limiting instruction, and take it to the bank. Neither rule tells us whether the proponent can elicit otherwise inadmissible bases of the opinion on direct! 703 answers the question that this guy's opinion is competent evidence despite the fact that is based on hearsay ...but that's not the question presented. The question presented is: Can he recite, otherwise inadmissible matters, on direct to show the basis of his opinion? 705 doesn't answer this question either, all it says is that whatever the basis of the opinion is you don't HAVE to address it on direct...
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