Related Links

Rules of Evidence on Expert Testimony


Federal Rules of Evidence

Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
Rule 706. Court Appointed Experts


State Rules of Evidence

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Washington DC | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming


Alabama Rules of Evidence - http://judicial.alabama.gov/library/RulesEV

Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
Rule 706. Court Appointed Experts


Alaska Rules of Evidence - https://public.courts.alaska.gov/web/rules/docs/ev.pdf

Rule 702. Testimony by Experts
Rule 703. Basis of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
Rule 706. Court Appointed Experts


Arizona Rules of Evidence - Go to Arkansas Rules of Evidence - https://www.arcourts.gov/rules-and-administrative-orders/arkansas-rules-of-evidence

Rule 702. Testimony by experts
Rule 703. Basis of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court appointed experts


California Evidence Code - https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=EVID&tocTitle=+Evidence+Code+-+EVID

Sections 720-723. Expert Witnesses Generally
Sections 730-733. Appointment of Expert Witness by Court
Sections 800-805. Expert and Other Opinion Testimony Generally


Colorado Rules of Evidence - http://www.boulder-bar.org/bar_media_manual/evidence/13.11.html


Connecticut Code of Evidence -
See Article VII - Opinions and Expert Testimony.


Delaware Uniform Rules of Evidence - https://courts.delaware.gov/forms/download.aspx?id=39388
See Article VII - Opinions and Expert Testimony.


District of Columbia

Chapter 1. Evidence Generally; Depositions.
Chapter 3. Competency of Witnesses.
See Rule 26. Duty to Disclose; General Provisions Governing Discovery


Florida Evidence Code - http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0090/titl0090.htm&StatuteYear=2007&Title=%2D%3E2007%2D%3EChapter%2090

90.702 Testimony by experts
90.703 Opinion on ultimate issue
90.704 Basis of opinion testimony by experts
90.705 Disclosure of facts or data underlying expert opinion
90.706 Authoritativeness of literature for use in cross-examination


Georgia Rules of Evidence - Title 24 of the Georgia Code at http://www.lexisnexis.com/hottopics/gacode/Default.asp

§ 24-7-702. Expert opinion testimony in civil actions; medical experts; pretrial hearings; precedential value of federal law
§ 24-7-703. Bases of expert opinion testimony
§ 24-7-704. Ultimate issue opinion
§ 24-7-705. Disclosure of facts or data underlying expert opinion
§ 24-7-706. Disclosure of facts or data underlying expert opinion
§ 24-7-707. Expert opinion testimony in criminal proceedings


Hawaii Rules of Evidence - http://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0626/HRS_0626-.htm
Chapter 626 of the Hawaii Revised Statutes.

Rule 702. Testimony by experts
Rule 702.1. Cross-examination of experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court-appointed experts


Idaho Rules of Evidence - http://www.isc.idaho.gov/ire

Rule 702. Testimony by experts
Rule 703. Basis of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court appointed experts


Illinois Rules of Evidence - http://state.il.us/court/SupremeCourt/evidence/evidence.asp

Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion


Indiana Rules of Evidence - http://www.in.gov/judiciary/rules/evidence

Rule 702. Testimony by experts
Rule 703. Bases of an expert's opinion testimony
Rule 704. Opinion on ultimate issue
Rule 705. Disclosing the facts or data underlying an expert's opinion


Iowa Rules of Evidence - https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/03-31-2014.5.pdf
See Article VII - Opinions and Expert Testimony.


Kansas Rules of Evidence - http://www.kslegislature.org/li/b2019_20/statute/060_000_0000_chapter/060_004_0000_article/
Section 60-457. Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
Section 60-458. Expert opinion or inference; facts or data relied upon, admissibility.


Kentucky Rules of Evidence - http://www.lrc.ky.gov/statutes/chapter.aspx?id=39436

Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court-appointed experts


Louisiana Code of Evidence - http://legis.la.gov/Legis/Laws_Toc.aspx?folder=70&level=Parent

Art. 702. Testimony by experts
Art. 703. Bases of opinion testimony by experts
Art. 704. Opinion on ultimate issue
Art. 705. Disclosure of facts or data underlying expert opinion; foundation
Art. 706. Court appointed experts


Maine Rules of Evidence - https://www.courts.maine.gov/rules_adminorders/rules/text/mr_evid_only_2018-06-29.pdf
See Article VII - Opinions and Expert Testimony, Rule 702-706 on page 42-44


Maryland Rules of Evidence - https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N0BD1E5309CCF11DB9BCF9DAC28345A2A&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)
(Title 5 of Maryland Rules) - See Chapter 700 - Opinions and Expert Testimony.


Massachusetts Guide to Evidence - https://www.mass.gov/guide-to-evidence/article-vii-opinion-and-expert-evidence

Sec. 702. Testimony by experts
Sec. 703. Bases of opinion testimony by experts
Sec. 704. Opinion on ultimate issue
Sec. 705. Disclosure of facts or data underlying expert opinion; foundation
Sec. 706. Court appointed experts


Michigan Rules of Evidence - https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan%20Rules%20of%20Evidence.pdf
See Rules 702-707.


Minnesota Rules of Evidence - https://www.revisor.mn.gov/court_rules/rule/ev-toh/
See Article VII - Opinions and Expert Testimony.


Mississippi Rules of Evidence - https://courts.ms.gov/research/rules/msrulesofcourt/Restyled%20Rules%20of%20Evidence.pdf
See Article VII - Opinions and Expert Testimony.


Missouri Code Chapter 490 - http://revisor.mo.gov/main/OneChapter.aspx?chapter=490

Section 490.065. Expert witness, opinion testimony admissible--hypothetical question not required, when


Montana Rules of Evidence - https://leg.mt.gov/bills/mca/title_0260/chapter_0100/part_0070/sections_index.html

Rule 702. Testimony by experts
Rule 703. Basis of opinion testimony by experts
Rule 704. Opinions on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion


Nebraska Rules of Evidence - https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=27

Rule 702. Testimony by experts; when
Rule 703. Bases of opinion testimony by experts; when revealed; admissibility
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Judge appointed experts; procedure; compensation; disclosure of appointment; parties may call experts of own selection


Nevada Revised Statutes Title 4, NRS 50.275-50.345 - https://www.leg.state.nv.us/NRS/NRS-050.html

NRS 50.275 Testimony by experts
NRS 50.285 Opinions: Experts
NRS 50.295 Opinions: Ultimate Issues
NRS 50.305 Disclosure of facts and data underlying expert opinion
NRS 50.310 Admissibility of affidavit or declaration of laboratory director regarding results of test performed by medical laboratory
NRS 50.315 Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance
NRS 50.320 Admissibility of affidavit or declaration of chemist or other expert witness regarding presence in breath, blood or urine of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance or regarding identity or quantity of controlled substance possessed
NRS 50.325 Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses
NRS 50.330 Testimony given pursuant to NRS 50.315 or 50.320 may be given by use of simultaneous audiovisual transmission; requirements for use
NRS 50.345 Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault


New Hampshire Rules of Evidence - https://www.courts.state.nh.us/rules/evid/

Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion


New Jersey Rules of Evidence - https://njcourts.gov/attorneys/assets/evidence/evidence7.pdf?c=DcJ


New Mexico Rules of Evidence, Article 7 - Opinions and Expert Testimony, Rule Set 11-702-707

New York - Guide to New York Evidence, See Article 7 - Opinion Evidence, Rule 7.01
Rule 7.01 – Opinion of Expert WitnessRule 11-702.Testimony by expert witnesses.


North Carolina General Statutes Chapter 8C: Evidence Code - https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter8C

Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court appointed experts


North Dakota Rules of Evidence - https://www.ndcourts.gov/legal-resources/rules/ndrev
See Article VII - Opinions and Expert Testimony.

Rule 702. Testimony by Expert Witnesses
Rule 703. Bases of an Expert’s Opinion Testimony
Rule 704. Opinion on an Ultimate Issue
Rule 705. Disclosing the Facts or Data Underlying an Expert’s Opinion
Rule 706. Court-Appointed Expert Witnesses
Rule 707. Analytical Report Admission; Confrontation


Ohio Rules of Evidence - • http://www.supremecourt.ohio.gov/LegalResources/Rules/evidence/evidence.pdf
• See Article VII – Opinions and Expert Testimony, Rules 702-705 (Pg. 60-66)


Oklahoma

Section 2702 – Testimony by Experts
Section 2703 – Bases of Opinion Testimony by Experts
Section 2704 – Opinion on Ultimate Issue
Section 2705 – Disclosure of Facts or Data Underlying Expert Opinion


Oregon Revised Statutes, Chapter 40 - Evidence Code - http://www.leg.state.or.us/ors/040.html
See Sections 40.405-40.430 -- Opinions and Expert Testimony.


Pennsylvania Rules of Evidence - http://www.pacode.com/secure/data/225/225toc.html

Rhode Island


South Carolina Rules of Evidence - http://www.sccourts.org/courtReg/indexEvd.cfm

702. Testimony by Experts
703. Bases of Opinion Testimony by Experts
704. Opinion on Ultimate Issue
705. Disclosure of Facts or Data Underlying Expert Opinion


South Dakota Codified Laws Title 19. Evidence - http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=19

19-15-5.1 to 19-15-8. Repealed by SL 2011, ch 238 (Supreme Court Rule 10-14), §§ 2 to 6, eff. July 1, 2011.
19-15-2 (Rule 702) Opinions of experts admissible
19-15-3 (Rule 703) Factual basis for expert opinions
19-15-4 (Rule 704) Opinion on ultimate issue
19-15-5.1 (Rule 705(a)) Expert opinion admissible without hypothetical question -- Cross-examination
19-15-5.2 (Rule 705(b)) Report of impartial expert admissible though based on information furnished by others
19-15-6 (Rule 705(c)) Notice to opponent of report of impartial expert--Inspection rights
19-15-7 (Rule 705(d)) Cross-examination of person furnishing information for impartial expert report
19-15-8 (Rule 705(e)) Citation of uniform act
19-15-9 (Rule 706(a)) Court appointment of expert witnesses
19-15-10 (Rule 706(b)) Notice to parties of court appointment of experts
19-15-11 (Rule 706(c)) Agreement by parties as to experts appointed by court
19-15-12 (Rule 706(d)) Inspection and examination by court-appointed experts
19-15-13 (Rule 706(e)) Reports by court-appointed experts--Filing and use at trial
19-15-14 (Rule 706(f)) Pretrial conference of experts
19-15-15 (Rule 706(g)) Testimony at trial by court-appointed expert
19-15-16 (Rule 706(h)) Compensation of court-appointed experts
19-15-17 (Rule 706(i)) Extra compensation to court-appointed experts unlawful
19-15-18 (Rule 707(a)) Expert witnesses called by parties--Limitations on number called
19-15-19 (Rule 707(b)) Compensation of experts called by parties--Disclosure on cross-examination


Tennessee Rules of Evidence - http://tncourts.gov/courts/supreme-court/rules/rules-evidence
See Article VII - Opinions and Expert Testimony.


Texas Rules of Evidence - http://www.courts.state.tx.us/rules/tre-toc.asp
See Article VII - Opinions and Expert Testimony.


Utah Rules of Evidence - http://www.utcourts.gov/resources/rules/ure

Rule 702. Testimony by experts
Rule 703. Bases of opinion testimony by experts
Rule 704. Opinion on ultimate issue
Rule 705. Disclosure of facts or data underlying expert opinion
Rule 706. Court-appointed experts


Vermont Rules of Evidence - http://michie.lexisnexis.com/vermont/lpext.dll?f=templates&fn=main-h.htm&cp=
Go to Court Rules, then Rules of Evidence, then Article 7. Opinions and Expert Testimony.


Virginia Rules of Evidence - http://valawyersweekly.com/wp-files/pdf/scova-va-rules-of-evidence.pdf
Preliminary draft for initial public comment, February 27, 2006. See Article VII. Opinions and Expert Testimony.


Washington Rules of Evidence - http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ER

702. Testimony by Experts
703. Bases of Opinion Testimony by Experts
704. Opinion on Ultimate Issue
705. Disclosure of Facts or Data Underlying Expert Opinion
706. Court Appointed Experts


West Virginia Rules of Evidence - http://www.courtswv.gov/legal-community/court-rules/evidence-rules/contents.html
See Article VII - Opinions and Expert Testimony.


Wisconsin Rules of Evidence (Wisconsin Statutes Chapters 901-911) - http://www.lawmoose.com/index.cfm?Action=Library.&Topic=WI165887

Wyoming Rules of Evidence - http://www.courts.state.wy.us/CourtRules_Entities.aspx?RulesPage=Evidence.xml
See Article VII - Opinions and Expert Testimony.