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N.J.R.E. 701 allows for lay witness testimony in the form of opinions or inferences if it is: rationally based on the perception of the witness; and. will assist in understanding the witnesses' testimony or determining a fact in issue.
Rule 615 of the Federal Rules of Evidence (FRE) provides: ?At the request of a party, the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.? The rule provides three exceptions: (1) a party who is a natural person, (2) an officer ...
The ?Net Opinion Rule? is closely related to N.J.R.E. 703 and prohibits the admission of an expert's conclusions that lack support from factual evidence or other data. Instead, an expert must provide a well-founded explanation supporting his opinion, rather than offering a mere conclusion.
An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted.
N.J.R.E. 703. 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.
Unless the court orders otherwise, an expert may testify in the form of an opinion or inference, state an opinion, and give reasons for it, without first testifying to the underlying facts or data. The expert may be required to disclose those facts or data on cross-examination.
-2(a) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including an attorney, consultant, surety, indemnitor, insurer or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation ...
Discovery of communications between an attorney and any expert retained or specially employed by that attorney is limited to facts and data considered by the expert in rendering the report.