Reliance materials are the subset of considered materials the expert actually depended on. Rule 703 permits reliance on inadmissible facts or data if experts in the field reasonably rely on such material.
Reliance on otherwise inadmissible material does not make it admissible.
Alternative Names:
Materials Relied Upon, Reliance Documents
Why it Matters?
Rule 703 lets an expert rely on hearsay, other experts' reports, and unauthenticated documents, but the material does not come into evidence merely because the expert relied on it. Disclosure to the jury is permitted only if the probative value in evaluating the opinion substantially outweighs prejudice, which reverses the usual balancing. That reversal is the basis for limiting what a testifying expert may recite to the jury.
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Frequently asked questions
Can an expert rely on inadmissible material?
When may the jury hear the underlying material?
