Rule 703 BASES OF OPINION TESTIMONY BY EXPERTS

• Jurisdiction: Colorado

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 in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.

(Federal Rule Identical.)

Source: Entire rule amended and adopted June 20, 2002, effective July 1, 2002.

COMMITTEE COMMENT

The Committee believes this rule is a substantial deviation from former Colorado law, but there are former cases lending partial support to the rule. See: Hensel Phelps Construction Co. v. U.S., 413 F.2d 701 10th Cir. (1969); Houser v. Eckhardt, 168 Colo. 226, 450 P.2d 664 (1969); McNelley v. Smith, 149 Colo. 177, 368 P.2d 555 (1962); Ison v. Stewart, 105 Colo. 55, 94 P.2d 701 (1939); Enyart v. Orr, 78 Colo. 6, 238 P. 29 (1925); Rio Grande W. Ry. Co. v. Rubenstein, 5 Colo. App. 121, 38 P. 76 (1894). See also, Good v. A.B. Chance Co., 39 Colo. App. 70, 565 P.2d 217 (1977). Although not directly in point, we believe the case supports the last sentence of Rule 703. (Amended March 5, 1981, effective July 1, 1981.)

ANNOTATION

Law reviews. For article, "Admissibility of Governmental Studies to Prove Causation", see 11 Colo. Law. 1822 (1982). For article, "Hearsay as a Basis for Opinion Testimony", see 17 Colo. Law. 2337 (1988). "Opinion Testimony", see 22 Colo. Law. 1185 (1993). For article, "Tips for Working With Evidence in Domestic Relations Cases", see 31 Colo. Law. 87 (June 2002).

Fact that expert witness has not examined accused does not necessarily disqualify him from expressing his opinion based upon a hypothetical question, but such an opinion must be based on facts in evidence. People v. Manier, 184 Colo. 44, 518 P.2d 811 (1974).

Neither collegiate degrees nor formal training in an established curriculum is necessarily required before one may be considered an expert in a particular field. People v. Genrich, 928 P.2d 799 (Colo. App. 1996).

Expert's opinion may not be predicated on others' opinions. An expert's opinion must not be predicated, in whole or in part, on opinions of...