Evidence-Wellborn SU2006 Outline

Or is at least adoptive didnt they manifest truth in

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Unformatted text preview: D's expert witness in a previous case voiced a different and contradictory opinion as to which asbestos fibers caused mesothelioma than their expert witness in this case. D argues that the court erred in allowing the jury to hear the evidence in light of the fact that it was hearsay. Issue: Was the statement of the former expert witness hearsay or does it qualify as an authorized statement by a partyopponent? [FRE 801(d)(2)(C)] Holding: The statement is not admissible under FRE 801(d)(2)(C) "Since an expert witness is not subject to the control of the party opponent with respect to consultation and testimony he or she is hired to give, the expert witness cannot be deemed an agent." The relation of agency is created as the result of conduct by two parties manifesting that one of them is willing for the other to act for him subject to this control, and that the others consent so to act. We are unwilling to adopt the proposition that the testimony of an expert witness who is called to testify on behalf of a...
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