FRE · Rule 703

FRE Rule 703

Quick Answer

What is FRE Rule 703?

Rule 703 of the Federal Rules of Evidence governs the bases of an expert's opinion testimony, allowing experts to rely on facts or data that are not admissible in evidence if they are of a type reasonably relied upon by experts in the particular field.

Source: FRE Rule 703

Official Text
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.
Plain Language

Experts can use information that isn't usually allowed in court to help form their opinions as long as other experts in the same field typically rely on such information. This means the expert's testimony can be based on a wider range of data to provide insights to the court.

Purpose

The rule aims to ensure that expert testimony can draw from a comprehensive range of sources, thus enhancing the reliability and relevance of expert opinions presented in court. It also helps streamline trial processes by allowing experts to utilize necessary data without requiring all information to be admissible.

Key Provisions

Reliance on inadmissible evidence

Experts are permitted to rely on evidence that may not be admissible in court, provided it is of a type reasonably relied on by fellow experts in their field.

Personal observation or awareness

Expert opinions can be based on facts the expert has observed or been made aware of, increasing the scope of permissible data for opinion formation.

Practice Notes
  • Ensure that the bases for an expert's testimony include information that is typical for their field to support its admissibility.
  • Experts should clearly articulate the sources of their opinions to avoid challenges about the reliability of their testimony.
  • Familiarize yourself with customary practices in different fields as they relate to what experts typically rely upon.
Landmark Cases

Daubert v. Merrell Dow Pharmaceuticals, Inc.

This case established that the trial judge acts as a gatekeeper for expert testimony, assessing whether the methods used by experts comply with Rule 703's standards.

Kumho Tire Co. v. Carmichael

Clarified that the Daubert standard applies not just to scientific testimony but also to technical and other specialized knowledge, reinforcing the standards of reliability under Rule 703.

Exam Tip

When preparing for exams, focus on how Rule 703 interacts with the admissibility of expert testimony and the implications of relying on inadmissible evidence. Expect questions that assess familiarity with the types of data experts may use.

Related Rules
  • fre-rule-702
  • fre-rule-701

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