Article 7 - Opinions and Expert Testimony

701 - Opinion Testimony by Lay Witnesses

testimony must be rationally based on witness’ perception and helpful to trier of fact, and is not testifying as an expert

(*same except that rule adds provisions that the lay opinion testimony is not based on scientific, technical, or specialized knowledge)

702 - Testimony by Expert Witnesses

person with specialized knowledge may testify if qualified as expert and helpful to trier of fact; testimony may be in form of opinion or otherwise

(*same except that rule adopts Duabert and requires that expert testimony be based upon sufficient facts or data, is the product of reliable principles or methods and the expert has applied those principle or methods in a reliable fashion to the facts in the case)

703 - Bases of an Expert’s Opinion Testimony

facts or data perceived by/reviewed by/made known to expert at or before hearing; if of type reasonably relied upon by experts in forming an opinion, the facts or data need not be admissible into evidence

(*same except that court may not disclose otherwise inadmissible data to jury unless court decides that probative value substantially outweighs prejudicial effect)

none