MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT COM MIDLANDS RULES OF EVIDENCE / TUTORIALOUTLET DOT CO | Page 22
opinions under the Midlands Rules of Evidence.
Rule 703. Bases of an Expert’s Opinion Testimony
An expert may base an opinion on facts or data in the case that the
expert has been made aware of
or personally observed. If experts in the particular field would
reasonably rely on those kinds of
facts or data in forming an opinion on the subject, they need not be
admissible for the opinion to be
admitted. But if the facts or data would otherwise be inadmissible, the
proponent of the opinion may
disclose them to the jury only if their probative value in helping the
jury evaluate the opinion
substantially outweighs their prejudicial effect.
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.
(b) Exception. In a criminal case, an expert witness must not state an
opinion about whether the
defendant did or did not have a mental state or condition that
constitutes an element of the crime
charged or of a defense. Those matters are for the trier of fact alone.
Rule 705. Disclosing the Facts or Data Underlying an Expert’s
Opinion
Unless the court orders otherwise, an expert may state an opinion –
and give the reasons for it –