Bill Text: NJ SJR79 | 2014-2015 | Regular Session | Introduced
Bill Title: Permits expert opinion testimony based on factual recollections contained in fact witness testimony, in order to assist in ultimate determination of fact in issue.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-14 - Introduced in the Senate, Referred to Senate Judiciary Committee [SJR79 Detail]
Download: New_Jersey-2014-SJR79-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Permits expert opinion testimony based on factual recollections contained in fact witness testimony, in order to assist in ultimate determination of fact in issue.
CURRENT VERSION OF TEXT
As introduced.
A Joint Resolution pursuant to P.L.1960, c.52 proposing an amendment to the Rules of Evidence.
Whereas, Rule 702 of the New Jersey Rules of Evidence provides for the use of qualified expert witnesses with scientific, technical, or other specialized knowledge to "assist the trier of fact to understand the evidence or to determine a fact in issue"; and
Whereas, An expert witness, applying specialized knowledge, skill, experience, training, and education, can greatly assist the trier of fact on such matters by offering testimony as to the credibility and accuracy of factual recollections by fact witnesses when examined against the facts and data reviewed by the expert witness; and
Whereas, To properly recognize, and ensure consistency with, the use of an expert witness in regard to the factual recollections of a fact witness, Rule 703 of the New Jersey Rules of Evidence, concerning the bases of opinion testimony by experts, should be amended; and
Whereas, Section 38 of P.L.1960, c.52 (C.2A:84A-38) provides a procedure for the adoption of new or modified Rules of Evidence without the necessity for presentation at a Judicial Conference; now, therefore,
Be It Resolved by the Senate and General Assembly of the State of New Jersey:
1. Pursuant to section 38 of P.L.1960, c.52 (C.2A:84A-38), the Supreme Court of New Jersey may adopt the amendatory rule specified in this section in the form set out, at any time after this joint resolution has been delivered to and signed by the Governor of the State of New Jersey, by entering an order that the amendment is adopted and by causing true copies of its order of adoption to be delivered to the President of the Senate, the Speaker of the General Assembly, and the Governor, without again presenting the subject matter and a tentative draft of the rule at a Judicial Conference.
Rule 703 is amended to read as follows:
Rule 703. Bases of opinion testimony by experts
The facts [or], data , or factual recollections in the testimony of a fact witness in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. [If] Facts or data need not be admissible in evidence if of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject [, the facts or data need not be admissible in evidence].
2. The amended rule set forth in section 1 of this joint resolution, if ordered adopted by the Supreme Court of New Jersey, shall take effect on the date set forth in the order of adoption.
3. This joint resolution shall take effect immediately upon signature thereof by the Governor; and the Secretary of State is directed to transmit an authenticated copy forthwith to the Chief Justice of the Supreme Court of New Jersey.
STATEMENT
This joint resolution would amend the Rules of Evidence, specifically Rule 703, to permit expert opinion testimony based on factual recollections contained in fact witness testimony. The amended rule would allow an expert witness, applying specialized knowledge, skill, experience, training, and education, to greatly assist the trier of fact in understanding evidence in a case, or in determining a fact in issue, based on the expert's ability to offer testimony as to the credibility and accuracy of a witness' factual recollections when examined against the facts and data reviewed by the expert.
