Del. R. Evid. 705

As amended through May 31, 2024
Rule 705 - Disclosing the Facts or Data Underlying an Expert 's Opinion
(a)Disclosure of Facts and Data Underlying an Expert Opinion. Unless the court orders otherwise, an expert may state an opinion and give the reasons for it - without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.
(b)Objection. An adverse party may object to the testimony of an expert on the ground that the expert does not have a sufficient basis for expressing an opinion. The adverse party may, before the witness gives an opinion, be allowed to conduct a voir dire examination directed to the underlying facts or data on which the opinion is based.

Del. R. Evid. 705

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

Comment

D.R.E. 705(a) tracks F.R.E. 705 in effect on December 31, 2000.

D.R.E. 705(b) was adopted in 1980 and is not contained in F.R.E. 705 or U.R.E. 705.

D.R.E. 705 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.