Expert direct establishes qualifications, describes the methodology, identifies the materials relied upon, and states the opinions and bases. Rule 705 permits stating opinions without first disclosing the underlying facts.
Testimony is limited to disclosed opinions.
Alternative Names:
Expert Testimony at Trial, Expert Direct
Why it Matters?
Rule 705 permits leading with the opinion before the supporting detail, which is frequently more effective than building through methodology first because the jury knows where the testimony is going. The countervailing consideration is that opposing counsel can then attack the basis on cross before the jury has heard it. Sequencing depends on whether the methodology or the conclusion is the stronger material.
Frequently Confused with
Related terms
Frequently asked questions
Must an expert state the basis before the opinion?
What determines the sequencing?
