Sunday, April 30, 2006

Interrogatory Answer Outlining Opinion of Non-Testifying Expert Is Not Party Admission, Says Minnesota Supreme Court

An interrogatory answer outlining the proposed testimony of a toxicologist who did not testify at trial could not be offered by the adversary as a party admission, because the party to be charged with the admission had not adopted the proposed testimony in an "unequivocal, positive, and definite" manner, the Minnesota Supreme Court has ruled. See Kelly v. Ellefson, No. A04-615 (Minn. Apr. 27, 2006).

posted by pn at 6:50 PM  

0 Comments:

Post a Comment

<< Home

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.