Testimony by Experts

A witness may testify as an expert if the proponent demonstrates to the court that it is more likely than not that all of the following apply: (A) The witness' testimony either relates to matters beyond the knowledge or experience possessed by lay persons or dispels a misconception common among lay persons; The witness is qualified as an expert by specialized knowledge, skill, experience, (B) training, or education regarding the subject matter of the testimony; (C) The witness' testimony is based on reliable scientific, technical, or other specialized information and the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case. To the extent that the testimony reports the result of a procedure, test, or experiment, the testimony is reliable only if all of the following apply: (1) The theory upon which the procedure, test, or experiment is based is objectively verifiable or is validly derived from widely accepted knowledge, facts, or principles; The design of the procedure, test, or experiment reliably implements the (2) theory; The particular procedure, test, or experiment was conducted in a way that (3) will yield an accurate result. Effective Date: July 1, 1980 Amended: July 1, 1994; July 1, 2024