90.705
Disclosure of facts or data underlying expert opinion.
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90.705 Disclosure of facts or data underlying expert opinion.—
(1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying facts or data. On cross-examination the expert shall be required to specify the facts or data.
(2) Prior to the witness giving the opinion, a party against whom the opinion or inference is offered may conduct a voir dire examination of the witness directed to the underlying facts or data for the witness’s opinion. If the party establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the party offering the testimony establishes the underlying facts or data.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 496, ch. 95-147.
Notes of Decisions
Cited in 51
cases (1 in the last 5 years), 1981–2022 · leading case: Esty v. State
Esty v. State (1994)
“[7] Section 90.705, Florida Statutes (1991), provides: (1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give his reasons without prior disclosure of the underlying facts or data.”
Smith v. State (2009)
“Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.”
Rimmer v. State (2002)
“Based on the record before us, the trial court did not err in permitting the State to inquire about appellant's prior criminal history.”
Duest v. State (2003)
“1992); § 90.705(1), Fla. Stat.; and (4) in giving the jury death recommendation great weight while also independently weighing the aggravating and mitigating circumstances (issue 8), see Whitfield v.”
Doctors Co. v. State, Dept. of Ins. (2006)
“" Appellee objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005).”
Jackson v. State (1994)
“§ 90.705(1), Fla. Stat. (1991). However, there is no requirement that the facts or data underlying an expert opinion be admitted into evidence in order to establish the basis of the opinion.”
Centex-Rooney Const. Co., Inc. v. Martin County (1997)
“Moreover, section 90.705(1), Florida Statutes (1995), provides that: [u]nless otherwise required by the court, an expert may testify in terms of opinion or inferences and give reasons without prior disclosure of the underlying facts or data.”
Carratelli v. State (2002)
“Section 90.705(1), Florida Statutes (2001) allows an expert to "testify in terms of opinion or inferences .”
Smith v. State (2004)
“See § 90.705, Fla. Stat. (2000). The petitioner sought a writ of certiorari in case no.”
Cox v. St. Josephs Hospital (2011)
“See also § 90.705(2), Fla. Stat. (2010) (“If the party [against whom expert opinion testimony is offered] establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the…”
Snelgrove v. State (2012)
“); see also § 90.705(1), Fla. Stat. (2008) (“On cross-examination the expert shall be required to specify the [underlying] facts or data.”
Finkelstein v. Department of Transp. (1995)
“704, Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993).”
— 90.705(1) — 16 cases
Duest v. State (2003)
“1992); § 90.705(1), Fla. Stat.; and (4) in giving the jury death recommendation great weight while also independently weighing the aggravating and mitigating circumstances (issue 8), see Whitfield v.”
Jackson v. State (1994)
“§ 90.705(1), Fla. Stat. (1991). However, there is no requirement that the facts or data underlying an expert opinion be admitted into evidence in order to establish the basis of the opinion.”
Smith v. State (2009)
“Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.”
Carratelli v. State (2002)
“Section 90.705(1), Florida Statutes (2001) allows an expert to "testify in terms of opinion or inferences .”
Snelgrove v. State (2012)
“); see also § 90.705(1), Fla. Stat. (2008) (“On cross-examination the expert shall be required to specify the [underlying] facts or data.”
— 90.705(2) — 18 cases
Esty v. State (1994)
“[7] Section 90.705, Florida Statutes (1991), provides: (1) Unless otherwise required by the court, an expert may testify in terms of opinion or inferences and give his reasons without prior disclosure of the underlying facts or data.”
Doctors Co. v. State, Dept. of Ins. (2006)
“" Appellee objected to his expert opinion testimony based on section 90.705(2), Florida Statutes (2005).”
Smith v. State (2009)
“Vega's testimony and inquire as to the basis supporting his opinion, he could have done so through cross-examination, section 90.705(1), or voir dire examination, section 90.”
Cox v. St. Josephs Hospital (2011)
“See also § 90.705(2), Fla. Stat. (2010) (“If the party [against whom expert opinion testimony is offered] establishes prima facie evidence that the expert does not have a sufficient basis for the opinion, the opinions and inferences of the expert are inadmissible unless the…”
Finkelstein v. Department of Transp. (1995)
“704, Florida Statutes (1993), and pass the test of section 90.705(2), Florida Statutes (1993).”
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