This is an extract of our Expert Witness document, which we sell as part of our Evidence Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
1) Expert Witness: 702, 703, 705
a) FRE 701: Lay opinions i) Non-expert testimony must be limited by the following: (1)rationally based on W's perceptions (2)helpful to clearly understand the W's testimony or to determining a fact in issue; and (3)not based on scientific, technical, or other specialized knowledge within the scope of 702 b) FRE 702: Conditions for expert's ability to testify i) Their scientific/technical/medical/specialized knowledge will help trier of fact to understand evidence/determine a fact in issue (1)Intentionally broad (a) Because of other evidentiary checks - in rules, jury's ability to judge credibility, cross-X (2)Courts reluctant to admit: (a) Lie detector test results (b)Problems with eyewitness identification (c) Astrology/palm reading (3) Elements (a) Trier of Fact must be ignorant to substance of testimony (b)Specialized knowledge must be gained by experience (i) No requirement for formal education (ii) Based on "knowledge, skill, experience, or training" as well as education ii) Testimony based on sufficient facts/data iii) Testimony produced using reliable principles/methods iv) Expert has reliably applied the principles and methods to the facts of the case v) Practice tips (1)If opposing party tries to stipulate to level of experience, refuse - because it is more convincing if jury is able to hear why the person is an expert (2)Attorney should consider several things before deciding on using expert (a) Experts often cost money (b)Jurors may reject expert straight out, if the specialized evidence is of a seemingly bizarre nature (c) The thought: "if the party must resort to this type of unreliable evidence, the party's case must be a wak one. (3)The nature of scientific evidence increases the possibility that unrealiable evidence will be exposed on cross-X vi) Whether the person is an expert is decided by Judge pursuant to 104(a). (1)403 Concern
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