Monday, March 16, 2009
Experts in State and Federal Courts -- FRE 703 vs MRE 703
For those that practice in both state and federal courts, it is worth reminding litigators that the Federal Rule of Evidence governing the circumstances under which experts' opinions are admissible and Michigan's corresponding rule are significantly different. FRE 703 provides that the "facts or data" relied upon by an expert need NOT be admissible. Since 2003, however, MRE 703 says just the opposite, namely that the opinion of an expert must be based on facts or data that are not only admissible, but also actually admitted into evidence. LITIGATORS BEWARE!