Non-“scientific” Experiments

• Library: Objections Guidebook (2022 Ed.)

Non-“Scientific” Experiments

Form of Objection

· Irrelevant

· Insufficient foundation (conditions and circumstances not shown to be substantially similar)

General Rule

· Evidence as to the result of an experiment (not qualifying as generally accepted scientific practice) is admissible in the discretion of the trial court if the experiment is made under conditions substantially similar in essential particulars to those prevailing at the time of the occurrence in issue. Compare opinion testimony by a lay witness as to statements of fact, e.g., “held against will.” See also short-hand rendition” of testimony—“had room to pass.” See Mo. Evidence Restated §701, pp. 315–25 (MoBar 6^th ed. 2021).

Examples and Legal Authority

· Testing of less dignity than “scientific”...