Rule 2:703. Basis of Expert Testimony (rule 2:703(a) Derived from Code § 8.01-401.1)

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Rule 2:703. BASIS OF EXPERT TESTIMONY (Rule 2:703(a) derived from Code § 8.01-401.1)

(a) Civil cases. In a civil action an expert witness may give testimony and render an opinion or draw inferences from facts, circumstances, or data made known to or perceived by such witness at or before the hearing or trial during which the witness is called upon to testify. The facts, circumstances, or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.

(b) Criminal cases. In criminal cases, the opinion of an expert is generally admissible if it is based upon facts personally known or observed by the expert, or based upon facts in evidence.

NOTES

Subdivision (a). Virginia Code § 8.01-401.1 governs civil actions and is implemented in Rule 2:703(a). It allows experts to base opinion testimony on any material normally considered in the discipline involved, even if that information would be inadmissible in evidence. See Reid v. Boyle, 259 Va. 356 (2000); Holmes v. Doe, 257 Va. 573 (1999) (testimony on general principles); see also State Farm Mut. Auto. Ins. Co. v. Kendrick, 254 Va. 206 (1997) (party may qualify as expert).

Expert testimony is admissible in civil cases when it is based on an adequate factual foundation. Countryside Corp. v. Taylor, 263 Va. 549 (2002); see Va. Code §§ 8.01-401.1, -401.3; Bussey v. E.S.C. Rests., Inc., 270 Va. 531 (2005); Lawson v. Doe, 239 Va. 477, 482-83 (1990); Clark v. Chapman, 238 Va. 655, 664-65 (1989). Expert testimony is inadmissible if it is speculative, founded on assumptions that have no basis in fact, or is without a direct, causal relationship to the allegations in the...