Ohio General Response to Affirmative Matter

State:
Multi-State
Control #:
US-PI-0022
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
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FAQ

Rule 703 provides that an expert witness may testify on a subject involving "scientific, technical, otother specialized knowledge" if his testimony "will assist the trier of fact to understand the evi- dence or to determine a fact in issue." Wigmore's formulation of the test for expert testimony is con- sistent with ...

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.

704. Testimony in the form of an opinion or inference otherwise admissible is not objectionable solely because it embraces an ultimate issue to be decided by the trier of fact.

You must include the name of the court and county, the name and address of the person who sued you (plaintiff), your name and address (defendant), and the case number and name of the judge. Use the first page of the complaint as a guide to format this information.

Rule 703 has been amended to emphasize that when an expert reasonably relies on inadmissible information to form an opinion or inference, the underlying information is not admissible simply because the opinion or inference is admitted.

Ohio defines affirmative defenses as those expressly designated as such by statute, such as self-defense, or those defenses involving an excuse or justification. Common affirmative defenses in addition to self-defense include insanity, battered woman syndrome and entrapment.

RULE 408. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.

R. 702 employed the same language as is used in the Federal Rules of Evidence to define the admissibility of expert testimony. That language permits a witness with the appropriate expertise to testify as an expert if the testimony "will assist the trier of fact." Evid. R.

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Ohio General Response to Affirmative Matter