Tuesday, March 30, 2004

. . . And the Basis and Reasons Therefor . . .

Today's LA Times (subscription) reports this colloquy in the deposition of an expert witness, discussing cancellations of performances in the entertainment industry:

By the Witness: There was one show where the airplane caught fire, and so they couldn't make it.

Q: That's a good reason.

A: Yes.

Q: How were you notified of that?

A: I was on the plane.
Fed. R. Evid. 702: 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, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.