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Federal Rules of Evidence: Article VII

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Rule 701(c) Specialized Knowledge Exception

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Per 701(c), a lay witness's testimony in the form of an opinion is not admissible if it is based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

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Rule 702(b) Sufficient Facts or Data

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Per Rule 702(b), an expert's testimony must be based on sufficient facts or data, which is to say that the expert’s opinion must have an adequate foundation and not be speculative.

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Rule 705(b) Expert Cross-Examination

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Rule 705(b) allows for the cross-examination of an expert witness to include a query into the underlying facts or data that the expert considered while forming their opinion.

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Rule 702(d) Reliable Application

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Rule 702(d) mandates that for an expert's testimony to be admissible, the expert must have applied the principles and methods reliably to the facts of the case.

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Rule 702(c) Product of Reliable Principles and Methods

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According to Rule 702(c), an expert's testimony must be the product of reliable principles and methods, ensuring that the testimony is based on more than the expert's own credibility or speculation.

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Rule 705. Disclosing the Facts or Data Underlying an Expert's Opinion

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Rule 705 stipulates that experts can state their opinions or conclusions and indicate the underlying facts or data without first disclosing those facts or data unless the court requires otherwise. The expert may be required to disclose the underlying information on cross-examination.

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Rule 704(b) Exception for Criminal Cases

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Rule 704(b) prevents experts from giving an opinion about whether the defendant did or did not have the mental state or condition that constitutes an element of the crime charged or of a defense.

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Rule 706(a) Appointment Procedure

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Rule 706(a) outlines the procedure for a court to appoint an expert witness, which may be initiated upon the court’s own motion or on the motion of any party.

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Rule 706. Court-Appointed Expert Witnesses

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Rule 706 gives the court the authority to appoint an expert witness of its own selection. Both parties have the opportunity to cross-examine the court-appointed expert.

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Rule 703 Exceptions

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Rule 703 has exceptions where if the probative value of the underlying facts or data is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, such underlying facts or data may not be disclosed to the jury.

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Rule 701. Opinion Testimony by Lay Witnesses

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Rule 701 states that a lay witness can give opinion testimony only if it is (a) rationally based on the witness’s perception, (b) helpful to clearly understanding the witness’s testimony or to determining a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge.

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Rule 703. Bases of an Expert

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Rule 703 allows experts to base their opinions on facts or data in the case that the expert has been made aware of, has personally observed, or has obtained from other experts' presentations at trial, whether or not the facts or data are admissible in evidence.

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Rule 702(a) Qualifications to Testify as an Expert

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Rule 702(a) requires that an expert witness must be qualified based on knowledge, skill, experience, training, or education to assist the trier of fact.

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Rule 702. Testimony by Expert Witnesses

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Rule 702 allows a witness who is qualified as an expert by knowledge, skill, experience, training, or education to testify in the form of an opinion or otherwise if: (a) 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, (b) the testimony is based on sufficient facts or data, (c) the testimony is the product of reliable principles and methods, and (d) the expert has reliably applied the principles and methods to the facts of the case.

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Rule 704. Opinion on an Ultimate Issue

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According to Rule 704, an expert's opinion or inference may be stated even if it embraces an ultimate issue to be decided by the trier of fact, except in criminal cases where such an opinion would be on the defendant's mental state constituting an element of the crime charged.

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