Tuesday, July 20, 2004

The Way It Works in Colorado

Our parent site's state law section now boasts an excerpt from Roxanne Bailin, James M. England, H. Patrick Furman, & Edward J. Imwinkelried, Colorado Evidentiary Foundations (Michie 1997), reprinted by kind permission of the publisher, through the gracious intervention of Mr. England, our Colorado correspondent.  Practitioners needing a basic orientation to Colorado's law of expert evidence could not hope for a better source.

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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.