N.Y. Comp. Codes R. & Regs. tit. 9 § 517.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 517.7 - Opinions and expert testimony

(a) Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the testimony of the witness in the form of opinions or inference is limited to those opinions or inferences which are:

(1) rationally based on the perception of the witness; and

(2) helpful to a clear understanding of the testimony of the witness of the determination of a fact in issue.

(b) Testimony by experts. 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.

(c) Bases of opinion testimony by experts. The facts or data in the particular case which an expert bases an opinion or inference may be those perceived by or made known to the expert, at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

(d) Opinion on ultimate issue. Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

(e) Disclosure of facts or data underlying expert opinion. The expert may testify in terms of opinion or inference and give the expert's reasons therefore without prior disclosure of the underlying facts or data, unless the military judge requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

(f) Court appointed experts.

(1) Appointment and compensation. The trial counsel, the defense counsel, and the court-martial have equal opportunity to obtain expert witnesses. The employment and compensation of expert witnesses is governed by N.Y.R.C.M. 703.

(2) Disclosure of employment. In the exercise of discretion, the military judge may authorize disclosure to the members of the fact that the military judge called an expert witness.

(3) Accused's experts of own selection. Nothing in this subdivision limits the accused in calling expert witnesses of the accused's own selection and at the accused's own expense.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 517.7