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.
Rule 703. Bases of an Experts Opinion Testimony.Īn expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.
#EXPERT TESTIMONY SERIAL#
Immediately preceeding text appears at serial pages (303515) to (303516). 2065 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. The provisions of this Rule 702 amended April 1, 2004, effective May 10, 2004, 34 Pa.B. The language or otherwise reflects the fact that experts frequently are called upon to educate the trier of fact about the scientific or technical principles relevant to the case.Īdopted May 8, 1998, effective OctoComment revised April 1, 2004, effective rescinded and replaced January 17, 2013, effective March 18, 2013.
702 states that an expert may testify in the form of an opinion or otherwise. Much of the literature assumes that experts testify only in the form of an opinion. 702 does not change the requirement that an experts opinion must be expressed with reasonable certainty. If he does, he may testify and the weight to be given to such testimony is for the trier of fact to determine. The test to be applied when qualifying a witness to testify as an expert witness is whether the witness has any reasonable pretension to specialized knowledge on the subject under investigation. 702 does not change the Pennsylvania rule for qualifying a witness to testify as an expert. Merrell Dow Pharmaceuticals, Inc., 509 U.S. The rule rejects the federal test derived from Daubert v. This is consistent with prior Pennsylvania law. The rule applies the general acceptance test for the admissibility of scientific, technical, or other specialized knowledge testimony. 702 in that it reflects Pennsylvanias adoption of the standard in Frye v. 702(a) and (b) impose the requirement that the experts scientific, technical, or other specialized knowledge is admissible only if it is beyond that possessed by the average layperson. (c) the experts methodology is generally accepted in the relevant field. (b) the experts scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue and (a) the experts scientific, technical, or other specialized knowledge is beyond that possessed by the average layperson Immediately preceding text appears at serial page (303515).Ī 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: 6381 rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. The provisions of this Rule 701 amended November 2, 2001, effective January 1, 2002, 31 Pa.B. 6384 (November 24, 2001).įinal Report explaining the Janurescission and replacement published with the Courts Order at 43 Pa.B. No change in the current practice was intended with the elimination of this term.Īdopted May 8, 1998, effective Octoamended November 2, 2001, effective Janurescinded and replaced January 17, 2013, effective March 18, 2013.įinal Report explaining the November 2, 2001, amendments published with the Courts Order at 31 Pa.B. Within Article VII, the term inference has been eliminated when used in conjunction with opinion. The term inference is subsumed by the broader term opinion and Pennsylvania case law has not made a substantive decision on the basis of any distinction between an opinion and an inference. On January 17, 2013, the Rules of Evidence were rescinded and replaced. (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702. (b) helpful to clearly understanding the witnesss testimony or to determining a fact in issue and (a) rationally based on the witnesss perception If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: Rule 701. Opinion Testimony by Lay Witnesses.
Disclosing the Facts or Data Underlying an Experts Opinion. ARTICLE VII. OPINIONS AND EXPERT TESTIMONY