Me. R. Evid. 705

As amended through February 27, 2023

Rule 705 - Disclosing the Facts or Data Underlying an Expert's Opinion

(a) Disclosure of underlying facts. Unless the court orders otherwise, an expert may state an opinion-and give the reasons for it-without first testifying to the underlying facts or data. But the expert may be required to disclose those facts or data on cross-examination.

(b) Objection. A party may object to an expert witness's testimony on the ground that the expert lacks a sufficient basis for expressing an opinion. Before the expert gives an opinion, counsel may be allowed to examine the expert about the facts or data underlying the opinion outside of the jury's presence. If there is evidence sufficient to support a finding that the expert lacks a sufficient basis for the opinion, the opinion is inadmissible, unless the party who called the expert witness first establishes the underlying facts or data.

Me. R. Evid. 705

Adopted effective 1/1/2015.

Maine Restyling Note [November 2014]

Maine Rule of Evidence 705 is similar to its federal counterpart. The Maine version sets forth a procedure to test the factual basis for expert testimony before it is admitted, which has been included in the restyled version.

Federal Restyling Committee Note

The language of Rule 705 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

The Committee deleted all reference to an "inference" on the grounds that the deletion made the Rule flow better and easier to read, and because any "inference" is covered by the broader term "opinion." Courts have not made substantive decisions on the basis of any distinction between an opinion and an inference. No change in current practice is intended.

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