Wednesday, October 20, 2004

3d Circuit Upholds Asset Valuation Testimony

The Third Circuit has affirmed the trial court's decision admitting testimony from a valuation expert in an intra-familial asset dispute. See Elliott v. Kiesewetter, No. 03-1681 (3d Cir. Oct. 18, 2004) (unpublished) (Sloviter, Van Antwerpen, & Cowen, JJ.).


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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.