- 9 -
admissible unless the author were testifying as an expert. See
Fed. R. Evid. 701 (opinion testimony of witness not testifying as
an expert is limited and may not be based on scientific,
technical, or other specialized knowledge within the scope of
Fed. R. Evid. 702). A witness qualified as an expert by
knowledge, skill, experience, training, or education may give
opinion testimony with respect to scientific, technical, or other
specialized knowledge within his purview. Fed. R. Evid. 702.
Under our Rules, an expert generally prepares a written report,
which must set forth the qualifications of the expert and shall
state the expert’s opinion and the facts or data on which that
opinion is based. Rule 143(f). If the expert is accepted as
such by the Court, his report is received into evidence as the
expert’s direct testimony. Id. Rule 705 of the Federal Rules of
Evidence addresses the disclosure of facts or data underlying
expert opinion. In pertinent part, the rule provides: “The
expert may in any event be required to disclose the underlying
facts or data on cross-examination.” Like the Court of Claims in
Forward Communications Corp. v. United States, 221 Ct. Cl. 582,
608 F.2d 485, 510 (1979), we do not view the business record rule
found in Fed. R. Evid. 803(6) as overriding the rules governing
opinion testimony. If Fed. R. Evid. 803(6) were deemed to
override the rules governing opinion testimony, it would allow
the introduction of opinion testimony by lay witnesses in the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011