The special session bill provisions would essentially conform Wisconsin law regarding the opinions of lay and expert witnesses to Federal Rule of Evidence 702.
In 2003, the State Bar’s Board of Governors adopted a public policy position opposing legislation substantially similar to the provisions of the special session bills. The State Bar believes that any such changes to rules relating to expert and lay witness testimony are best addressed by Wisconsin Supreme Court rules, not legislatively.
Under state law, expert witness testimony is generally admissible if: (1) it is relevant (2) the witness is qualified as an expert and (3) the evidence will assist the jury in determining an issue of fact. The reliability of the evidence is a weight and credibility issue for the jury, and any reliability challenges are made through cross-examination or other means of impeachment.
Read more: wisbar.com.
