Legal Memorandum: Admission of Expert Testimony in TX

Issue: What is the applicable standard for admission of expert testimony in Texas?

Area of Law: Litigation & Procedure
Keywords: Expert testimony; Admission
Jurisdiction: Texas
Cited Cases: 923 S.W.2d 549
Cited Statutes: Texas Rules of Evidence Rule 702
Date: 04/01/2013

Rule 702 of the Texas Rules of Evidence provides that if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of opinion or otherwise.  Otherwise admissible opinion testimony is not objectionable because it embraces an ultimate issue of fact.  See Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex. 2001). 

The Texas Supreme Court has developed a two-part test to determine whether this standard is met in a particular case.  Id.  The expert testimony is admissible if (1) the expert is qualified, and (2) the testimony is both relevant and based on a reliable foundation.  See id. (citing E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 556 (Tex. 1995)).  


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