Evidence-Wellborn SU2006 Outline

O cross examiner can then probe into the basis of the

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Unformatted text preview: ay be based on: Facts within his personal knowledge Facts presented to him at trial In form of hypothetical question Facts presented to him outside of court, but not perceived by him personally, if those facts are the type of facts reasonably relied upon by experts in his field in drawing such conclusions. Can use hearsay: I.e. information obtained from a commercial production service, which obtained it from the state, which obtain it from the operator example Rule 703 also provides that otherwise inadmissible facts or data upon which an opinion is based are not themselves automatically admissible. To the contrary: Before allowing such underlying facts to be disclosed to the jury, the court must determine that their probative value SUBSTANTIALLY outweighs their prejudicial effects. Rule 703 recognizes implicitly what had already been recognized: The expert may acquire the facts of the case from three categories of sources: Personal knowledge; ex: Treating physician who has clinical observation...
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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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