Tuesday, September 24, 2013

Rule of Evidence 703

Rule 703 of the Mississippi Rules of Evidence states that an expert’s opinion may be based off of inadmissible evidence, such as hearsay, if it is the type reasonably relied upon by experts in the particular field.  M.R.E. 703.    This is an important item to know.  Potentially, in my opinion, an expert can testify as to the substance of what he or she based his opinion which allows items that may be inadmissible (i.e. hearsay) into the record.  From a practical standpoint, this may allow various things that would not normally get into evidence to at least get in the record.  Additionally, many times even if the Court is to give them limited weight, they will still be in the mind of the fact-finder (Chancellor) in the case. 

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