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Expert Analysis

What Experts Can Say About Inadmissible Facts During Trial

Law360, New York ( March 27, 2015, 10:26 AM EDT) -- Federal court litigation can be like navigating rough seas. You delight, however, in the flexibility you have in working with experts. You sail past those pesky rules of evidence because you know that experts may rely on facts or data — admissible or not — in forming their opinions, as long as it is the type of information experts in that field reasonably rely on in forming opinions on that subject. But what may experts say on the stand about those facts? Particularly when experts rely — as they frequently do — on hearsay such as witness statements or all manner of documents? Without careful planning, the answer may be: "Shiver me timbers — not much."...

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