2.13 Expert Opinion
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FAQ
Expert opinions are scientific views or comments by a group of designated experts based on a review of scientific evidence and/or expert opinion. Scientific and technical publications.
Experts may give opinions or inferences that address an issue of fact in a case. For example, an expert asked to testify as to whether a particular surgical error could have caused a plaintiff's nerve damage can testify that it is (or is not) their opinion the error caused the damage.
The Daubert standard is the standard used by a trial judge to assess whether an expert witness's scientific testimony is based on scientifically valid reasoning which can properly be applied to the facts at issue.
Evid. 702. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.
Bases of Opinion Testimony by Experts. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.
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. ( Pub. L.
