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Rule 701. Opinion Testimony by Lay Witnesses (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
The 2012 amendment of Rule 702 adopts Federal Rule of Evidence 702, as restyled. The amendment recognizes that trial courts should serve as gatekeepers in assuring that proposed expert testimony is reliable and thus helpful to the jury's determination of facts at issue.
704. Rule 704 - Opinion on an Ultimate Issue (a)In General--Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
Federal Rule of Evidence 404(b) provides that prior act evidence ?is not admissible to prove the character of a person in order to show action in conformity therewith.? Evidence of prior bad acts usually cannot be admitted at trial to show the defendant's propensity to commit crimes similar to the offense in question.
Rule 703. An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.
After the close of evidence on either side, and on motion or on its own, the court must enter a judgment of acquittal on any offense charged in an indictment, information, or complaint if there is no substantial evidence to support a conviction.
Rule 703 permits an expert to base opinion testimony on personal knowledge, evidence admitted at trial, or evidence not admitted so long as it supplies the kind of facts or data that experts in the field ?reasonably rely? on in forming an opinion. Daubert v.
Evidence of the following is not admissible--on behalf of any party--either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: (1) furnishing, promising, or offering--or accepting, promising to accept, or offering to accept--a valuable ...