Soil-Structure Interaction Seminar - Foundation Performance ...

a. May be based on hearsay (i.e., evidence not otherwise admissible
at trial).
8. The expert testimony must assist the trier of fact:
a. to understand the evidence, or
b. to determine a fact in issue.
9. Expert may give an opinion on an ultimate issue.
10. Reliability versus Credibility: Issues relating to the admissibility of expert
opinion testimony.
a. Trial court has wide discretion regarding admissibility and scope
of expert opinions.
b. Most judges leave credibility to jury.
c. May attack expert opinion admissibility and reliability.
d. Preparation is the key in both direct and cross-examination.
e. Standard for admissibility of expert testimony. Daubert v. Merrell
Dow Pharmaceuticals, 113 S.Ct. 2786 (1993). The Court held
that the Federal Rules of Evidence (Fed. R. Evid. 702-705)
superseded the Frye Test (holding "general acceptance" as the
standard).
(1) The trial judge has the task of ensuring that an expert's
testimony: (a) rests on a reliable foundation, and (b) is
relevant to the task on hand.
(2) To rest on a reliable foundation, the testimony's subject
must be "scientific, technical, or specialized knowledge,"
which connotes more than subjective beliefs or unsupported
speculations.
(3) To be relevant, the testimony must "assist the trier of fact
to understand the evidence or to determine a fact in issue."
This helpfulness standard requires a valid, scientific
connection to the pertinent inquiry as a precondition to
admissibility.
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