RULE 703. BASES OF AN EXPERT'S
BY EXPERTS The facts or data in the particular case upon which an
expert bases an opinion or inference
may be those perceived by or made known to the expert at or before the hearing. 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 in order for the opinion
or inference to be admitted. Facts or data that are otherwise inadmissable shall not be
disclosed to the jury by the proponent of the opinion or inference unless the court determines
that their probative value in assisting the jury to evaluate the expert's opinion substantially
outweighs their prejudicial effect.
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. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.
Rule 703 was amended, effective March 1, 1990, March 1, 2007;______________.
Rule 703 is based on Rule 703 of the Federal Rules of Evidence.
Rule 703 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 703 was amended, effective March 1, 2007, to incorporate the 2000 amendments to Fed.R.Ev. 703.
Rule 703 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee Minutes of ________________________; September 22-23, 2005, pages 2-6; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 6. Rule 703, Federal Rules of Evidence.
Cross Reference: N.D.R.Ev. 702 (Testimony by Experts).