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Terms Used In Louisiana Code of Evidence 702

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

            A. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

            (1) The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

            (2) The testimony is based on sufficient facts or data;

            (3) The testimony is the product of reliable principles and methods; and

            (4) The expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

            B. This Article shall also govern expert witnesses on the issue of memory and eyewitness identification. In a criminal case, if a party seeks to offer the testimony of a memory and eyewitness identification expert under this Article, such expert testimony may be considered for admission only if all provisions of Paragraph A of this Article are satisfied. A memory and eyewitness identification expert’s testimony may not be admitted under this Article if there is physical or scientific evidence that corroborates the eyewitness identification of the defendant. An expert’s testimony admitted under this Paragraph shall not offer an opinion as to whether a witness’s memory or eyewitness identification is accurate.

            Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2014, No. 630, §1; Acts 2019, No. 115, §1, eff. June 5, 2019; Acts 2024, No. 88, §1.

NOTE: No changes in law or result in a ruling on evidence admissibility shall be presumed or is intended by the Legislature of Louisiana by the passage of Acts 2014, No. 630.