NCJ Number
159227
Journal
Seton Hall Law Review Volume: 26 Issue: 1 Dated: (1995) Pages: 183-254
Date Published
1995
Length
62 pages
Annotation
This comparison of the Federal Rules of Evidence regarding expert testimony to the evidence rules in Illinois, Ohio, and New York concludes that the retention of common law rules significantly limits the information provided to the fact finder and that the usefulness of expert testimony is maximized by using the evidence model implemented by the Federal Rules of Evidence.
Abstract
The Federal Rules of Evidence permit experts to function in the courtroom as they do in their professional lives and permit both the witness and the cross-examiner to refer to significant medical literature and mainstream medical texts. Most States have enthusiastically received these rules of evidence. Unfortunately, a small number of States with large populations have declined to adopt some or all of the innovations in the presentation of expert testimony reflected in the Federal Rules of Evidence. Each jurisdiction is experiencing adverse effects for its failure to adopt the Federal model. These states should reconsider their situations, because adopting the Federal Rules of Evidence in the expert arena will guarantee the maximum receipt of information by fact finders and will provide for useful uniformity in this important area of evidence. Footnotes