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 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 March 1, 2014, 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: Minutes of Joint Procedure Committee of April 26-27, 2012, page 31; September 22-23, 2005, pages 2-6; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 6; Fed.R.Ev. 703.
CROSS REFERENCE: N.D.R.Ev. 702 (Testimony by Experts).