Bill Text: VA SB806 | 2011 | Regular Session | Engrossed
Bill Title: Expert witnesses; literature designations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-02-22 - House: Left in Courts of Justice [SB806 Detail]
Download: Virginia-2011-SB806-Engrossed.html
11100658D
Be it enacted by the General Assembly of Virginia: 1. That § 8.01-401.1 of the Code of Virginia is amended and reenacted as follows: § 8.01-401.1. Opinion testimony by experts; hearsay exception. In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence. The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination. To the extent called to the attention of an expert witness
upon cross-examination or relied upon by the expert witness in direct
examination, statements contained in published treatises, periodicals or
pamphlets, on a subject of history, medicine, or other science or
art, established as a reliable authority by testimony or by stipulation shall
not be excluded as hearsay. If admitted, the statements may be read into
evidence but may not be received as exhibits. If the statements are to be
introduced through an expert witness upon direct examination, copies of the
specific statements shall be provided to opposing parties |