Results of a survey have been held inadmissible where the survey was not conducted in a reliable, scientific manner.{footnote}Galindo v. Riddell, Inc., 107 Ill. App. 3d 3d 139, 437 N.E.2d 376 (3d Dist. 1982).{/footnote}

As Hearsay

Results of a survey have been held admissible under the residual exception to the hearsay rule where the survey was material, was more probative on the issue at hand than other available evidence, and had guarantees of trustworthiness by virtue of having been conducted in accordnace with generally accepted survey principles.{footnote}Harolds Stores, Inc. v. Dillard Dept. Stores, Inc., 82 F.3d 1533 (10th Cir. 1996).{/footnote}  To be admissible, a survey should sample an adequate universe of respondents representing opinions which are relevant to the litigation.{footnote}Harolds Stores, Inc. v. Dillard Dept. Stores, Inc., 82 F.3d 1533 (10th Cir. 1996).{/footnote}  Deficiencies in the methodology of a survey, on the other hand, generally go to the weight, not the admissibility of the survey.{footnote}Harolds Stores, Inc. v. Dillard Dept. Stores, Inc., 82 F.3d 1533 (10th Cir. 1996).{/footnote}

Bibliography

West 372 (11).

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