Rule 703. Bases of Opinion Testimony by Experts

• Library: South Carolina Evidence Annotated (SCBar) (2019 Ed.)

Rule 703. Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Note:

The rule is identical to the federal rule and former Rule 43(m)(2), SCRCP, and former Rule 24(b), SCRCrimP. This rule makes it clear that an expert may rely on facts or data in giving an opinion which are not admitted in evidence or even admissible into evidence.

Annotations Rule 703

Basis

"Rule 703, SCRE, allows an expert giving an opinion to rely on facts or data that are not admitted in evidence or even admissible into evidence." Allegro, Inc. v. Scully, 400 S.C. 33, 733 S.E.2d 114, 122 (Ct. App. 2012).

"The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing." Duncan v. Ford Motor Co., 385 S.C. 119, 682 S.E.2d 877, 883 (Ct. App. 2009).

Credibility Opinion

"While experts may give an opinion, they are not permitted to offer an opinion as to the credibility of others." State v. Perry, 420 S.C. 643, 662, 803 S.E.2d 899, 909 (Ct. App. 2017), reh'g denied (Aug. 24, 2017), cert. granted (Apr. 19, 2018).

"Improper bolstering occurs when an expert witness is allowed to give his or her opinion as to whether the complaining witness is telling the truth, because that is an ultimate issue of fact and the inference to be drawn is not beyond the ken of the average juror." State v. Douglas, 367 S.C. 498, 521, 626 S.E.2d 59, 71 (Ct. App. 2006), rev'd in part on other grounds, 380 S.C. 499, 671 S.E.2d 606 (2009). Generally, the prohibition against bolstering is for the purpose of preventing a witness from testifying whether another witness is telling the truth and to maintain "the assessment of witness credibility...within the exclusive province of the jury." State v. Taylor, 404 S.C. 506, 514-15, 745 S.E.2d 124, 128 (Ct. App. 2013).

"[E]ven though experts are permitted to give an opinion, they may not offer an opinion regarding the credibility of others." State v. Kromah, 401 S.C. 340, 358, 737 S.E.2d 490, 499 (2013).

Depositions

"Rule 32, SCRCP, governs the use of depositions as evidence at trial or at a hearing. The rule does not, however, prohibit an expert from relying on depositions to form the basis of an opinion. Such use is governed by Rule 703, SCRE. (Formerly Rule 43(m)(2)), SCRCP." Ellis v. Oliver, 323 S.C. 121, 130, 473 S.E.2d 793, 798 (1996).

Generally

Expert testimony differs from lay testimony in that an expert witness is permitted to state an opinion based on facts not within his firsthand knowledge or may base his opinion on information made available before the hearing so long as it is the type of information that is reasonably relied upon in the field to make opinions. In re Thomas S., 402 S.C. 373, 741 S.E.2d 27, 30 (2013).

Experts may testify...