Florida Appeals Journal 23: Hearsay and Expert Witnesses

FLORIDA APPEALS JOURNAL™
JOURNAL ENTRY 23.2021

Recorded on October 31, 2021

This episode examines ramifications of the use of expert witnesses and hearsay. Always remember the non-hearsay principle: If it’s not offered for the truth of the matter asserted, you’re not barred by the hearsay rule. The episode goes on to discuss witness bias.

It also warns that an expert cannot rely exclusively on hearsay or inadmissible evidence. Plus, an expert’s opinion is inadmissible if it is based on insufficient data. It always has to have a proper factual basis.

Furthermore, although treatises and articles may be used to cross examine an expert, they may not be used to bolster an expert’s opinion.

CITATIONS
Carratelli, 823, So. 2nd 850, 861-63 Fla. 4th DCA 2002
Hajianpour, 932 So. 2nd 459, 464 Fla. 4th DCA 1997
Centex-Rooney, 706 So. 2nd 20.28 Fla. 4th DCA 1997
Florida Statute 90.704
Florida Statute 90.705 (2)
Florida Statute 90.706
Maslak, 190 So. 3rd 656, 4th DCZ 656
Jackson v. Household Finance Corp, 298 So. 3d 531 Fla. 2020

PLEASE SEND ALL INQUIRIES TO jcarroll@jscappeal.com
••••••••••••••••••••••••••••
If you find this video useful, please LIKE it and SHARE it with colleagues you think will find it valuable. Please SUBSCRIBE to the channel (and click the bell) to receive notice when we publish new videos.

If you have comments, please leave them in the section provided below. If you have specific questions, please call us at the number below.

If you have other topics you'd like us to cover, please email us at jcarroll@jscappeal.com

Florida Appeals Journal presentations are for educational purposes only and not intended as legal advice.

••••••••••••••••••••••••••••••••
Music by Kevin MacLeod
Werq Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/
••••••••••••••••••••••••••••••••

The Law Offices of Jennifer S. Carroll, P.A. is dedicated to advocating and protecting clients’ rights in state and federal appeals, post-trial proceedings, as well as pretrial and trial proceedings that involve resolution of significant legal issues. The firm’s mandate is to provide such representation at the highest quality for all clients. By the time a case reaches our firm, it is complicated. It either started that way, or it became difficult as a result of errors which occurred in the trial court proceedings. Our goal is to simplify these difficult cases and resolve them in the best interests of all clients.

Law Offices of Jennifer S. Carroll, PA
1001 US-1
Jupiter, FL 33477

jcarroll@jscappeal.com

(561) 478-2102
(888) 302-1320