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

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

Area of Law: Uncategorized
Keywords: ; Expert Witness; Opinion; Evidence
Jurisdiction: Arizona
Cited Cases: 217 P.3d 1212; 728 P.2d 248; 182 Ariz. 253; 895 P.2d 1016
Cited Statutes: None
Date: 11/01/2015

In New Mexico, spousal support is governed by statute.  Guidelines are prepared by the courts and contain worksheets and summaries of the relevant statutes.  The guidelines are available online to assist the parties and their attorneys in determining an appropriate sum.  They can be found here.  The statutory provisions are entwined with the provisions for support of children and the division of the spouses’ property.  The portions of the statute relevant to the support of a former spouse are:

A.        In any proceeding for the dissolution of marriage, division of property, disposition of children or spousal support, the court may make and enforce by attachment or otherwise an order to restrain the use or disposition of the property of either party or for the control of the children or to provide for the support of either party during the pendency of the proceeding, as in its discretion may seem just and proper. The court may make an order, relative to the expenses of the proceeding, as will ensure either party an efficient preparation and presentation of his case.   

B.        On final hearing, the court:   

(1)        may allow either party such a reasonable portion of the spouse’s property or such a reasonable sum of money to be paid by either spouse either in a single sum or in installments, as spousal support as under the circumstances of the case may seem just and proper, including a court award of: