Opinion Evidence

Opinion Evidence

Evidence of what the witness thinks, believes, or infers in regard to facts in dispute, as distinguished from personal knowledge of the facts themselves. The rules of evidence ordinarily do not permit witnesses to testify as to opinions or conclusions.

When this type of evidence is expressed by an expert witness, it may be used only if scientific, technical, or specialized knowledge will aid the trier of fact in understanding the evidence or determining a fact in issue. In the event that the witness is not testifying as an expert, the witness's testimony is restricted to opinions or inferences that are rationally based upon his or her perception and are helpful to a clear understanding of the testimony or the determination of a fact in issue.

References in periodicals archive ?
He argues that the Administrative Law Judge ('ALJ') deciding his case erred in two respects: (1) by improperly weighing the medical opinion evidence from his treating psychiatrist, and (2) by failing to properly evaluate his subjective statements regarding his symptoms.
In a subsequent trial, the panel's opinion was admissible as expert opinion evidence, but it was not dispositive.
"Because without this opinion evidence the Howards have no evidence from which a reasonable jury could find that a defect in the water heater proximately caused the fire, I will grant summary judgment to Bosch," Perry wrote.
District Court based on a failure to properly evaluate the medical evidence regarding the applicant's neck and shoulder impairments.<br />The plaintiff applicant argued that the ALJ failed to recognize that the opinion evidence relating to the use of her upper extremities that was offered by the physicians hired to review the claim for the Social Security Administration prompted the ALJ's vocational expert to testify that the claimant could not sustain full-time work.<br />U.S.
It covers related procedures; the competency of witnesses; authentication; Rule 403 and legal irrelevance limitations on credibility evidence; legal irrelevance limitations on evidence that is relevant to the historical merits of the case; privileges and similar doctrines; the best evidence rule; opinion evidence; the hearsay rule, its exemptions, and exceptions; and substitutes for evidence.
Expand the discovery process to include disclosure of information in a timely manner including evidence and information favorable to the defense; intended exhibits; expert opinion evidence; witnesses' criminal history information; and search warrant information;
The fundamental characteristic of expert evidence is that it is opinion evidence. It should be independent, objective and unbiased.
Similarly, apparendv expert opinion evidence is sometimes
Under r 23.15 of the Federal Rules, for example, if two or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any party may apply to the Court for an order that the experts undertake a joint conference before or after they write their expert reports, or that the experts give concurrent evidence.
A club statement read: "It's extraordinary the players were convicted on no more than opinion evidence that could never come close to standing up in court."
Tins article examines the vanishingly thin line between lay and expert opinion evidence in Canada.