Legal Memorandum: Admissibility of facts forming basis of opinion testimony

Issue: Under the Minnesota Rules of Evidence, must the facts an expert refers to when forming his or her opinion be admissible as evidence?

New Mexico Rule of Civil Procedure 1-011 (N.M.R.A.) requires honesty and good faith in pleading. The primary goals of the Rule are deterrence and punishment of offenders and compensation of their opponents for expenditure of time and resources responding to ill-founded pleadings or other papers. Specifically, the Rule states:

1-011. Signing of pleadings, motions, and other papers; sanctions; unsworn affirmations under penalty of perjury.

A.        Signing of pleadings, motions, and other papers; sanctions. Every pleading, motion, and other paper of a party represented by an attorney, shall be signed by at least one attorney of record in the attorney’s individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign the party’s pleading, motion, or other paper and state the party’s address and telephone number. The signature of an attorney or party constitutes a certificate by the signer that the signer has read the pleading, motion, or other paper; that to the best of the signer’s knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading, motion, or other paper is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or other paper had not been served. If a pleading, motion, or other paper is not signed, it shall be stricken unless […]

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