In most court cases, the person offering an expert would have to show the opinion meets four reliability tests before the expert could testify.
In most court cases, the person offering an expert must show the opinion meets four tests before the expert may testify. The jury may hear otherwise barred facts behind an opinion only when their value substantially outweighs the risk of unfair prejudice.
In criminal cases, an expert may not tell the judge or jury whether the defendant had a mental state or condition that forms part of the crime or a defense. The judge or jury alone decides that question.
In court cases outside the special categories listed in subsection 1, the person offering an expert must show the opinion meets four tests for reliability. This test applies to all actions except family, juvenile, probate, and other proceedings listed in subsection 1. The opinion must help the judge or jury, rest on enough facts, use reliable methods, and reliably apply those methods to the case. An expert may rely on facts that are not allowed as evidence if experts in that field reasonably rely on them. The jury may hear those facts only if their value in weighing the opinion substantially outweighs the risk of unfair prejudice.
In criminal cases, an expert may not say whether the defendant had a mental state or condition that is part of the crime or a defense. This restriction covers expert testimony in criminal cases about a mental state or condition that is an element of the charged crime or a defense. The judge or jury alone decides whether the defendant had that mental state or condition. Unless the court orders otherwise, an expert may give an opinion and its reasons without first explaining the facts behind it; the other side may ask for those facts during cross-examination.
No hearings or votes scheduled.