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Absentee-Shawnee Tribe of Indians of Oklahoma

Evidence
Chapter Seven. Opinions and Expert Testimony

Section 701. Opinion Testimony by Lay Witnesses

Section 702. Testimony by Experts

Section 703. Bases of Opinion Testimony by Experts

Section 704. Opinion on Ultimate Issue

Section 705. Disclosure of Facts or Data Underlying Expert Opinion

Section 706. Court Appointed Experts

AST EVIDENCE Code Section 701
Section 701. Opinion Testimony by Lay Witnesses

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

(a) rationally based on the perception of the witness;

(b) helpful to a clear understanding of his testimony or the determination of a fact in issue; and

(c) upon a subject which it is presumed that the general public has sufficient knowledge to reach a reasonable opinion, conclusion, or inference.

Absentee Shawnee Evidence Code Section 701, AST EVIDENCE Code Section 701

 

 

 




AST EVIDENCE Code Section 702
Section 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.

Absentee Shawnee Evidence Code Section 702, AST EVIDENCE Code Section 702

 

 

 




AST EVIDENCE Code Section 703
Section 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.

Absentee Shawnee Evidence Code Section 703, AST EVIDENCE Code Section 703

 

 

 




AST EVIDENCE Code Section 704
Section 704. Opinion on Ultimate Issue

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.

Absentee Shawnee Evidence Code Section 704, AST EVIDENCE Code Section 704

 

 

 




AST EVIDENCE Code Section 705
Section 705. Disclosure of Facts or Data Underlying Expert Opinion

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.

Absentee Shawnee Evidence Code Section 705, AST EVIDENCE Code Section 705

 

 

 




AST EVIDENCE Code Section 706
Section 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. He shall be subject to cross-examination by each party, including a party calling him as a 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 the Court fund, said fund to be reimbursed 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 section limits the parties in calling expert witnesses of their own selection.

Absentee Shawnee Evidence Code Section 706, AST EVIDENCE Code Section 706

 

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