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Consistent with existing practice the expert can base an opinion on firsthand knowledge of the facts, facts revealed at trial by testimony of other witnesses, or by way of hypothetical questions. The rule also permits the opinion to be based on data or facts presented to the witness prior to trial.
Rule 37.01 - Motion for Order Compelling Disclosure or Discovery (a) Appropriate Court An application for an order to a party shall be made to the court in which the action is pending.
Rule 35.02 - Report of Findings (a) If requested by the party against whom an order is made pursuant to Rule 35.01 or by the person examined, the party causing the examination to be made shall deliver to the requesting party a copy of a detailed written report of the examination setting out the examiner's findings and ...
Rule 37.03 - Failure to Disclose, to Supplement an Earlier Response or to Admit (a) Failure to Disclose or Supplement. If a party fails to provide information or identify a witness as required by Rule 26.01 or .
37.05Failure to Preserve Electronically Stored Information (3) dismiss the action or enter a default judgment.
Subject to the provisions of Rule 26.02(e) a party may obtain discovery of documents and tangible things otherwise discoverable pursuant to Rule 26.02(b) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's attorney, ...
Rule 37.02 - Failure to Comply with Order (a) Sanctions by Court in County Where Deposition is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the county in which the deposition is being taken, the failure may be considered a contempt of that court.
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.