Del. R. Evid. 703

As amended through May 31, 2024
Rule 703 - Bases of an Expert's Opinion Testimony

An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. If experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need not be admissible for the opinion to be admitted. Upon objection, if the facts or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury only if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect.

Del. R. Evid. 703

Amended November 28, 2017, effective 1/1/2018.

Comment

D.R.E. 703 tracks F.R.E. 703 in effect on December 31, 2000, except the words "Upon objection" have been inserted at the beginning of the last sentence of D.R.E. 703. These words were added to ensure that any party who wants to exclude expert basis information from the jury must raise the issue by objection.

See D.R.E. 602.

D.RE. 703 is consistent with Gibbons v. Schenley Indus., Inc., Del. Ch., 339 A.2d 460 (1975) and Storey v. Castner, Del. Supr., 314 A.2d 187 (1973).

D.R.E. 703 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.