Colo. R. Evid. 703 (2026)

The facts or data 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 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 in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.

(Federal Rule Identical.)

Source: Entire rule amended and adopted June 20, 2002, effective July 1, 2002.

COMMITTEE COMMENT

The Committee believes this rule is a sub- 55, 94 P.2d 701 (1939); Enyart v. Orr, 78 Colo. stantial deviation from former Colorado law, 6, 238 P. 29 (1925); Rio Grande W. Ry. Co. v. but there are former cases lending partial sup- Rubenstein, 5 Colo. App. 121, 38 P. 76 (1894). port to the rule. See: Hensel Phelps Construc- See also, Good v. A.B. Chance Co., 39 Colo. tion Co. v. U.S., 413 F.2d 701 10th Cir. (1969); App. 70, 565 P.2d 217 (1977). Although not Houser v. Eckhardt, 168 Colo. 226, 450 P.2d directly in point, we believe the case supports 664 (1969); McNelley v. Smith, 149 Colo. 177, the last sentence of Rule 703. (Amended March 368 P.2d 555 (1962); Ison v. Stewart, 105 Colo. 5, 1981, effective July 1, 1981.)