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If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. ( Pub. L.
Rule 702 sets forth the overarching requirement of reliability, and an analysis of the sufficiency of the expert's basis cannot be divorced from the ultimate reliability of the expert's opinion. In contrast, the ?reasonable reliance? requirement of Rule 703 is a relatively narrow inquiry.
While the amended FRE 702 does not require a court to ?nitpick an expert's opinion to reach a perfect expression? of what might be supportable testimony, it ?does not permit the expert to make claims that are unsupported by the expert's basis and methodology.?
Before the revisions, Rule 702 of the Mississippi Rules of Evidence already included language that permitted expert witness opinion testimony "if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue...."
Rule 702 permits an expert to testify by giving an opinion or any other form of testimony, such as an exposition. Rule 702 seeks to encourage the use of expert testimony in non-opinion form when counsel believes the trier can draw the requisite inference. The rule, however, does not abolish the use of opinions.
Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed.
Lack of realization could cause you to miss the statute of limitations; however, Mississippi has a discovery rule. The discovery rule extends the statute of limitations in specific circumstances where the victim did not immediately discover the injury.
Under Rule 408 statements of admission facts made in negotiations are excluded from evidence. In Mississippi, an admission made in a settlement negotiation has been admissible against the declarant.