Court Business
| Publication year | 2002 |
| Pages | 103 |
| Citation | Vol. 31 No. 2 Pg. 103 |
2002, February, Pg. 103. Court Business
Vol. 31, No. 2, Pg. 103
The Colorado Lawyer
February 2002
Vol. 31, No. 2 [Page 103]
February 2002
Vol. 31, No. 2 [Page 103]
From the Courts
Court Business
Court Business
Court Business
Court Business
Colorado Supreme Court Rules of Evidence Committee
C.R.E. Rules 701, 702, 703
Proposed Amendments to Article VII
Opinions and Expert Testimony
Written Comments Requested by
February 28, 2002, 5:00 p.m
Opinions and Expert Testimony
Written Comments Requested by
February 28, 2002, 5:00 p.m
NOTICE
The Colorado Supreme Court will entertain written comments to
the Proposed Amendments to: Rule 701. Opinion Testimony by
Lay Witnesses; Rule 702. Testimony by Experts; Committee
Comment on Amended Colorado Rule 702; and Rule 703. Bases of
Opinion Testimony by Experts. Additions are underlined. An
original and eight copies of written comments are to be
submitted by 5:00 p.m., February 28, 2002, to: Mac V
Danford, Clerk of the Supreme Court, 2 E. 14th Ave., Denver
CO 80203-2115.
PROPOSED
Rule 701. Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the
witness' {STRIKE}his{/STRIKE} testimony in the form of
opinions or inferences is limited to those opinions or
inferences which are (a) rationally based on the perception
of the witness, (b) helpful to a clear understanding of
{STRIKE}his{/STRIKE} the witness' testimony or the
determination of a fact in issue, and (c) not based on
scientific, technical, or other specialized knowledge within
the scope of Rule 702.
PROPOSED
Rule 702. Testimony by Experts
If scientific, technical, or other specialized knowledge will
assist the trier of fact to understand the evidence or to
determine a fact in issue, a witness qualified as an expert
by knowledge, skill, experience, training, or education, may
testify thereto in the form of an opinion or otherwise, if
(1) the testimony is based upon sufficient facts or data, (2)
the testimony is the product of reliable principles and
methods, and (3) the witness has applied the principles and
methods reliably to the facts of the case.
PROPOSED
Committee Comment on Amended Colorado Rule 702
Amended CRE 702 is identical to FRE 702 as the latter was
amended in December 2000. This amendment to CRE 702 is not
intended to change existing Colorado law as reflected in
People v. Shreck, 22 P.3d 68 (Colo. 2001). Rather, the
purpose of this amendment is to state expressly several
requirements already found in Colorado law. The requirement
of sufficient facts or data was implicit in the reliability
criterion that was part of pre-amendment CRE 702, and also in
CRE 703, stating that the facts or data must be "of a
type reasonably relied upon" by experts in the field.
The requirements of reliable principles and methods and
reliable application of principles and methods were developed
in Colorado cases over many years. See People v. Shreck, 222
P.3d 68 (Colo. 2001)(in determining admissibility of
scientific evidence, courts should determine
"reliability" of scientific principles,
"qualifications" of the witness and
"usefulness" of testimony); Brooks v. People, 9975
P.2d 1105, 1113 (Colo. 1999) (to be admissible under FRE 702,
specialized knowledge "remains subject to an inquiry
regarding validity and reliability"); Schultz v. Wells,
13 P.3d 846, 850 (Colo.App. 2000) (courts determine
"reliability and validity" of expert opinion under
FRE 702).
Under Shreck, the trial judge applying CRE 702 must make
specific preliminary findings. See CRE 104(a) (judge to
determine preliminary questions concerning "the
admissibility of evidence"). In performing this task
the trial judge should decide whether the principles and
methods are reliable, whether the witness is qualified, and
whether the proffered testimony is useful to the jury. The
trial judge must also...
To continue reading
Request your trial