Sunday, May 21, 2006

Working in Mysterious Ways

In doing some research, we've run across the following statement, in Ind. Code ยง 34-45-3-1, concerning the scope of Indiana's legislative chapter on expert testimony:
"This chapter applies to a witness who is an expert in any art, science, trade, profession or mystery."

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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.