Y.R., A CHILD
v.
STATE OF FLORIDA
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An expert's opinion may be based on facts or data not independently admissible in evidence, provided the facts or data are of a type reasonably relied upon by experts in the subject and their probative value substantially outweighs any prejudicial effect.
[1] Under Florida's expert opinion rule, an expert may base an opinion on facts or data not independently admissible in evidence if such facts or data are of a type reasonabl…
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Join FLexlaw to unlock all legal intelligence“The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence.”
The court's citation to § 90.704, Fla. Stat. (2021) explaining the evidentiary standard for expert testimony
A child appellant challenged the trial court's judgment, with the dispute concerning the admissibility of expert testimony in a case involving the Sta…
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PER CURIAM. Affirmed. See § 90.704, Fla. Stat. (2021) (“The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence. Facts or data that are otherwise inadmissible may not be disclosed to the [factfinder] by the proponent of the opinion or inference unless the court determines that their probative value in assisting the [factfinder] to evaluate the expert’s opinion substantially outweighs their prejudicial effect.”). WARNER, GERBER and LEVINE, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.