Article VII. Opinions and Expert Testimony

219

Rule 705: Disclosure of facts or data underlying expert opinion.

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

Advisory Commission Comments.

This rule gives a lawyer the option of not using a hypothetical question in examining an expert; the lawyer can ask the expert simply to state an opinion. Tennessee presently requires the hypothetical unless the expert bases testimony on personal observation. See, e.g., Valentine v. Conchemco, 588 S.W.2d 871 (Tenn. Ct. App. 1979).

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