An expert opinion can help explain technical evidence, but the admissibility, foundation, scope, and legal significance of that opinion are separate questions for the applicable rules and court.

North Carolina Rule 702 addresses expert testimony, while Rule 704 states that otherwise admissible testimony is not objectionable solely because it embraces an ultimate issue. Neither rule makes a particular witness qualified or decides whether a legal standard has been met.

Preserve the foundation

  • The expert’s field, materials reviewed, testing or method, assumptions, reports, disclosures, and qualifications.
  • The underlying records, measurements, images, photographs, video, witness accounts, and chronology used to form an opinion.
  • The distinction between a factual or technical explanation and an instruction on the law.

This is general legal education, not advice about whether testimony will be admitted in a particular proceeding.

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