Legal Memorandum: Expert witnesses may testify to opinions based on data

Issue: Under Colorado Rules of Evidence, may an expert base his or her testimony on their opinion?

Florida Statute §57.105, enacted by the Legislature in an effort to deter frivolous litigation, provides courts with the ability to award reasonable attorney’s fees in the appropriate case.

(1)               Upon the court’s initiative or motion of any party, the court shall award a reasonable attorney’s fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:

(a)                Was not supported by the material facts necessary to establish the claim or defense; or

(b)               Would not be supported by the application of then-existing law to those material facts.

(2)        At any time in any civil proceeding or action in which the moving party proves by a preponderance of the evidence that any action taken by the opposing party, including, but not limited to, the filing of any pleading or part thereof, the assertion of or response to any discovery demand, the assertion of any claim or defense, or the response to any request by any other party, was taken primarily for the purpose of unreasonable delay, the court shall award damages to […]

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