New York Law (NYLE) Practice Exam

Which of the following statements about expert testimony is false?

1. An expert relying on facts in the record of the trial must lay out those facts before stating her opinion.

2. An expert relying on facts based on her personal knowledge must lay out those facts before stating an opinion.

3. An expert may rely on hearsay evidence in stating her opinion only if it is admissible in its own right.

4. An expert relying on hearsay evidence must show that it is reliable or that the source is available for cross-examination.

The correct answer is: An expert may rely on hearsay evidence in stating her opinion only if it is admissible in its own right.

An expert’s reliance on hearsay evidence in forming an opinion is governed by specific rules regarding the admissibility of that evidence. For an expert to rely on hearsay in the context of their testimony, the hearsay must be admissible in its own right, meaning that it must meet the standards of admissibility set by the rules of evidence. If the hearsay is not admissible, then the expert’s reliance on it would not be valid, and that would undermine the credibility of the expert's opinion. When an expert testifies, they do not have the same latitude as lay witnesses in considering hearsay. Therefore, stating that an expert can rely on hearsay evidence as part of their opinion only when it is admissible is a correct principle under New York law. This reflects the importance of ensuring that expert testimony rests upon evidence that can be properly considered by the court, maintaining the integrity of the judicial process. In contrast, the requirements for laying out facts from personal knowledge or from the record established during trial (as noted in the first two choices) are logical prerequisites that support the basis for any opinion being offered by the expert. Hence, these statements about the necessity of outlining foundational facts before stating an opinion reflect established protocol for expert testimony.