1. EVIDENCE—BASES OF OPINION TESTIMONY BY EXPERTS
WHAT A TRIAL JUDGE SHOULD KNOW
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

2. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
RULE 702
If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine 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.
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

3. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
Topics of Discussion
Rule 703
Rule 703 inquiries
Hearsay analysis
Relevancy analysis
Rule 705
Limiting instructions
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

4. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
RULE 703
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 him 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.
2/25/2019
Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

5. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
RULE 703 INQUIRIES
1. Has the witness been tendered and accepted as an expert?
2. In what field is defendant qualified to testify as an expert?
3. Are the facts or data of a type reasonably relied upon by experts in the particular field?
4. Are the facts or data relevant to the opinion?
2/25/2019
Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

6. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
HEARSAY ANALYSIS
1. An out-of-court statement offered for a purpose other than to prove the truth of the matter asserted is not considered hearsay. Rule 801 (c); State v. Shepherd, 575 S.E.2d 776(2003).
2. Such evidence is admissible for the limited purpose for which it was offered and not as an exception to the hearsay rule. Id.
2/25/2019
Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

7. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
RELEVANCY ANALYSIS
1. Rule 403—Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. See State v. Coffey, 336 N.C. 412(1994); State v. Wallace, 351 N.C. 481(2000).
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

8. Kimberly S. Taylor Fall Superior Court Judge's Conference 2003
RULE 705
The expert may testify in terms of opinion or inference and give his reasons without prior disclosure of the underlying facts or data unless an adverse party requests otherwise, in which event the expert will be required to disclose such underlying facts or data on direct exam or voir dire before stating the opinion.
Disclosure may be required on cross-exam without a request. Hypothetical questions are not required.See State v.Wallace,351 N.C. 481(2000);State v. Pretty, 134 N.C.App. 379(1999).
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003

9. LIMITING INSTRUCTIONS
If the testimony is being offered for the limited purpose of establishing the basis for the expert’s opinion, and does not meet an exception to the hearsay rules:
the court should, upon request, give a limiting instruction pursuant to Rule 105. Refer to N.C.P.I.Crim ;Civil ;Motor Vehicle
See State v. Jones, 322 N.C. 406(1988).
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Kimberly S. Taylor Fall Superior Court Judge's Conference 2003