Note:

Changes in the laws, rules and regulations since the 2001 edition of the LSBEP Directory and Statutory Reference book appear in boldface type in this 2002 edition.

Opinions and Expert Testimony, La. Code of Evidence Art. 701-706

Art. 701. Opinion Testimony by lay witness

         If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or informations which are:

         (1) Rationally based on the perception of the witness; and

         (2) Helpful to a clear understanding of his testimony or the determination of a fact in issue.

Art. 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.

Art. 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 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.

Art. 704. Opinion on ultimate issue

         Testimony in the form of an opinion or inference otherwise admissible is not to be excluded solely because it embraces an ultimate issue to be decided by the trier of fact.

Art. 705. Disclosure of facts or data underlying expert opinion; foundation

         A. Civil case. In a civil case, the expert may testify in terms of opinion or inference and give his reasons therefore without prior disclosure of 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.

         B. Criminal case. In a criminal case, the opponent may require that, as a foundation for expert testimony, the expert disclose the underlying facts or data on which the opinion is based and, in a jury case, may also require that the foundation be laid outside the presence of the jury. Except to the extent elicited on cross-examination, or as the foundation for his testimony, the expert shall not refer to inadmissible evidence as the basis for his opinion or inference.

Art. 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 he consents to act. A witness so appointed shall be informed of his 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 his findings, if any; his deposition may be taken by any party; and he may be called to testify by the court or any party.

         B. 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.