- 65 - v. Laeisz, 896 F.2d 964, 967-968 (5th Cir. 1990); Twin City Plaza, Inc. v. Central Sur. & Ins. Corp., 409 F.2d 1195, 1200 (8th Cir. 1969); Graham, Federal Practice and Procedure, sec. 6641, at 251-252 (Interim ed. 1992). An expert may base an opinion or inference on facts that the expert knows from first hand observation, that are in the record and made known to the expert, or that, although not in the record, are "of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject." Fed. R. Evid. 703; see also Ramsey v. Culpepper, 738 F.2d 1092, 1101 (10th Cir. 1984); In re Aircrash in Bali, Indonesia on April 22, 1974, 684 F.2d 1301, 1314 (9th Cir. 1982); Baumholser v. Amax Coal Co., 630 F.2d 550, 552-553 (7th Cir. 1980). Although otherwise inadmissible data underlying an expert's opinion may be admitted at trial, the use of that data is limited to explaining the expert's reasoning, and is not admitted as substantive evidence. Fed. R. Evid. 703, 705; Engebretsen v. Fairchild Aircraft Corp., 21 F.3d 721, 728-729 (6th Cir. 1994); United States v. Wright, 783 F.2d 1091, 1100 (D.C. Cir. 1986); Paddack v. Dave Christensen, Inc., 745 F.2d 1254, 1261-1262 (9th Cir. 1984). Factual allegations that are not otherwise in the record that are relied upon by an expert witness may be admitted as substantive evidence only if proper foundational requirements are satisfied; i.e., where the expert testifies from personalPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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