Virginia Burden of Proof - Physical Evidence Not Produced
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FAQ
Convicts as witnesses (Supreme Court Rule 9 derived from this section). A person convicted of a felony or perjury shall not be incompetent to testify, but the fact of conviction may be shown in evidence to affect his credit.
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.
Rule 404 - Character Evidence; Crimes or Other Acts (a)Character Evidence. (1)Prohibited Uses. Evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in ance with the character or trait.
Rule 2 TESTIMONY BY EXPERTS (a) Use of Expert Testimony. 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.
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.?
Section 702 - Personal knowledge required (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
A witness having an adverse interest may be examined with leading questions by the party calling the witness. After such an adverse direct examination, the witness is subject to cross-examination.
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.
