FEDERAL
RULES OF EVIDENCE
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
If the witness is not testifying as an expert, the witness testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702 .
Rule 702. Testimony by Experts
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 or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Rule 703. Bases of Opinion Testimony by Experts
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 the expert 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 order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
Rule 704. Opinion on Ultimate Issue
(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.
(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Rule 706. Court Appointed Experts
(a) Appointment.
The court may on its own motion or on the motion of any party enter an order to show cause
why expert witnesses should not be appointed, and may request the parties to submit
nominations. The court may appoint any expert witnesses agreed upon by the parties, and
may appoint expert witnesses of its own selection. An expert witness shall not be
appointed by the court unless the witness consents to act. A witness so appointed shall be
informed of the witness' duties by the court in writing, a copy of which shall be filed
with the clerk, or at a conference in which the parties shall have opportunity to
participate. A witness so appointed shall advise the parties of the witness' findings, if
any; the witness' deposition may be taken by any party; and the witness may be called to
testify by the court or any party. The witness shall be subject to cross-examination by
each party, including a party calling the witness.
(b) Compensation.
Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the
court may allow. The compensation thus fixed is payable from funds which may be provided
by law in criminal cases and civil actions and proceedings involving just compensation
under the fifth amendment. In other civil actions and proceedings the compensation shall
be paid by the parties in such proportion and at such time as the court directs, and
thereafter charged in like manner as other costs.
(c) Disclosure of appointment.
In the exercise of its discretion, the court may authorize disclosure to the jury of the
fact that the court appointed the expert witness.
(d) Parties' experts of own selection.
Nothing in this rule limits the parties in calling expert witnesses of their own
selection.
The complete text of the Federal rules of evidence can be found on the Legal Information Institute website.