§ 24.01 INTRODUCTION

• Jurisdiction: United States

§ 24.01. INTRODUCTION

The use of expert testimony raises two threshold issues. First, is the proffered testimony a proper subject matter for expert testimony? If the answer is "yes," the next question follows: Is this witness qualified in this subject matter? Rule 702 governs both issues, and they are examined in this chapter. Rule 704 ("ultimate issue prohibition") and Rule 706 (court-appointed experts) are also discussed. In addition, several specific scientific techniques and the constitutional right to a defense expert are considered. The bases for expert testimony (Rules 703 and 705) are examined in the next chapter.

The "general rule is that juries are not bound to believe opinions of witnesses...