Sunday, June 5, 2011

Expert Backdoor Evidence

Edward M. O'Keefe v. Biloxi Casino Corp. NO. 2009-C A-01185-C

MRE 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.

In a recent Slip and Fall case the Mississippi Supreme Court enumerated MRE 703 and allowed that experts can base opinions on facts or data that are not admissible in evidence, but MRE 703 cannot be used to "backdoor" evidence that would otherise not be admissible or has been disallowed by motion in limine.


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