CHAPTER 11-5
OPINIONS AND EXPERT TESTIMONY

11-5-1 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.

11-5-2 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 in the form of an opinion or otherwise.

11-5-3 Basis of Opinion Testimony by Experts.

The facts of 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.

11-5-4 Opinion of 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.

11-5-5 Disclosure of Facts Underlying Expert Opinions.

The expert may testify in terms of opinion or inference and give his reasons 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.

11-5-6 Court Appointed Experts.

(A)    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)    Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the Court may allow. The fixed compensation 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 charged in like manner as other costs.

(C)    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)    Nothing in this Section limits the parties in calling expert witnesses of their own selection.