Kentucky Rules of Evidence 703 – Bases of opinion testimony by experts
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(a) 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.
(b) If determined to be trustworthy, necessary to illuminate testimony, and unprivileged, facts or data relied upon by an expert pursuant to subdivision (a) may at the discretion of the court be disclosed to the jury even though such facts or data are not admissible in evidence. Upon request the court shall admonish the jury to use such facts or data only for the purpose of evaluating the validity and probative value of the expert’s opinion or inference.
(c) Nothing in this rule is intended to limit the right of an opposing party to cross- examine an expert witness or to test the basis of an expert’s opinion or inference.
Effective: July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 51; renumbered (7/1/92) pursuant to 1992
Ky. Acts ch. 324, sec. 34.
(b) If determined to be trustworthy, necessary to illuminate testimony, and unprivileged, facts or data relied upon by an expert pursuant to subdivision (a) may at the discretion of the court be disclosed to the jury even though such facts or data are not admissible in evidence. Upon request the court shall admonish the jury to use such facts or data only for the purpose of evaluating the validity and probative value of the expert’s opinion or inference.
Terms Used In Kentucky Rules of Evidence 703
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) Nothing in this rule is intended to limit the right of an opposing party to cross- examine an expert witness or to test the basis of an expert’s opinion or inference.
Effective: July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 51; renumbered (7/1/92) pursuant to 1992
Ky. Acts ch. 324, sec. 34.