Hawaii Exhibit and Witness List Continuation

State:
Multi-State
Control #:
US-FED-0004A
Format:
Word
Instant download

Description

This form is for use in handling a procedural matter in a federal court proceeding.

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FAQ

A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court, or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Rule 703 allows opinions based on data not admissible in evidence so long as "of a type reasonably relied upon by experts in the particular field." The Advisory Committee's Note to Fed.

Rule 702 requires only that the testimony be of assistance to the trier of fact. The Advisory Committee's Note to Fed. R. Evid.

Evid. 702, reflects Massachusetts common law. The proponent of expert testimony must establish the foundational requirements for admissibility, and the judge, as the "gatekeeper" of the evidence, must make a threshold determination that those requirements have been met before the testimony goes to the jury.

Yard PCB Litigation, 35 F.3d 717, 744 (3d Cir. 1994). Rule 702 requires that the expert's knowledge ?help? the trier of fact to understand the evidence or to determine a fact in issue. Unfortunately, some courts have required the expert's testimony to ?appreciably help? the trier of fact.

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Hawaii Exhibit and Witness List Continuation