Sunday, October 12, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB3204: Opinion testimony by experts; hearsay exception.
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-401.1 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-401.1. Opinion testimony by experts; hearsay exception.
In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.
The expert may testify in terms of opinion or inference and
give his reasons therefor without prior disclosure of the underlying facts or
data, unless the court requires otherwise. The expert may in any event be
required to disclose on cross examination the underlying
facts, or data on
cross-examination or circumstances made known to or perceived
by such witness at or before the hearing or trial during which he is called to
testify, even if such facts, data or circumstances were not relied upon in
formulating his opinions or inferences.
To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation shall not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the statements shall be provided to opposing parties thirty days prior to trial unless otherwise ordered by the court.
Additional Data
Explanation
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