When is expert testimony hearsay

In a previous article, we discussed the hearsay issues contained in NTSB reports, which can be challenged as inadmissible evidence in court. However, under the clear language of 49 U. Still, many other courts allow experts to rely on inadmissible evidence that they may have reviewed in the NTSB report to formulate their opinions and testify to them in court. Here are some of the key considerations we often explore in our aviation cases:. For example, in criminal matters, the N.

This same rule of evidence would apply to civil cases as well. Thus, one of the lines of questions that is important to explore in any aviation accident case is whether the tests and data relied upon by the experts are the type reasonably relied upon by experts in that field.

Sometimes, a particular test may not be considered authoritative i. The only way to know this information is to have an expert consulting or testifying in your own corner evaluating the bases of the opinions of the other expert.

Then, such expert opinion would likely be admissible in court. In the U. Tran Trong Cuong case, a doctor was being prosecuted for illegally dispensing drugs. Stevenson, who did not testify. Certain studies are admissible when they are called to the attention of an expert witness on cross-examination or relied upon in direct examination, and are contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority.

Click here to read more about how we use cookies. Eric Solotoff. To embed, copy and paste the code into your website or blog:. Send Print Report. Fox Rothschild LLP. Published In: Appellate Courts. Cross Examination. Expert Testimony. Expert Witness. Forensic Accounting. Journal of Applied Social Psychology, 7 , — Download references. You can also search for this author in PubMed Google Scholar. The research reported herein was supported by a research grant from the Social Sciences and Humanities Research Council of Canada.

I would like to thank Neil Brooks and Angela Paglia for their invaluable contributions to the work and Richard Lalonde and two anonymous reviewers for their helpful comments on an earlier draft of the paper.

Expert evidence and hearsay. Law Hum Behav 19, — Download citation. Issue Date : August Anyone you share the following link with will be able to read this content:. Sorry, a shareable link is not currently available for this article. Provided by the Springer Nature SharedIt content-sharing initiative. Skip to main content. Search SpringerLink Search.

Abstract In upholding the admission of expert evidence, some courts have held that hearsay information conveyed via an expert may be admitted as long as the jury is instructed to ignore the facts asserted in the hearsay statements and to use the information only for determining the weight to attribute to the expert's opinion.

References Arnolds, E. Google Scholar Baron, R. Google Scholar Carretta, T. Google Scholar Diamond, S. Google Scholar Doob, A. Google Scholar Faigman, D. Google Scholar Federal Rules of Evidence. Google Scholar Imwinkelried, D. Google Scholar Kovera, M. Google Scholar Landsman, S. Google Scholar Lavallee v. Regina, 55 C. Google Scholar Nisbett, R. Google Scholar Park, R. Google Scholar Pattenden, R. Google Scholar People v. Ainsworth, Cal.

Google Scholar Regina v. Abbey, 68 C. Regina v. Lavalle, 65 C. Google Scholar Rosenthal, P. This example discloses that the expert relied on other sources, but it does not repeat the opinions of those sources.

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Download free white paper. Experts may testify in adoption proceedings, child custody battles, medical malpractice, personal injury claims, products liability, divorce, criminal law, and beyond. Below are just a few of the many types of experts who testify before the court. Medical Experts Medical….