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 designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.
If a statement has been designated by a party in accordance with and satisfies the requirements of this section, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.
1982, c. 392; 1994, c. 328; 2013, c. 379.
Notes of Decisions
Braulio M. Castillo v. Loudoun Cnty. Dep't of Fam. Servs., 811 S.E.2d 835 (Va. Ct. App. 2018).
· cites it 8× “Rule 2:703(a) permits expert witnesses in civil cases to base opinion testimony on any material normally relied upon by others in that field, even if that information is inadmissible in evidence.”
Budd v. Punyanitya, 643 S.E.2d 180 (Va. 2007).
· cites it 40× “In this appeal of a judgment entered in a medical malpractice case, we consider whether the trial court correctly ruled that Code § 8.01-401.1 barred a party from introducing certain statements contained in published medical literature because copies of the statements had not…”
May v. Caruso, 568 S.E.2d 690 (Va. 2002).
· cites it 20× “The trial court ruled that the plaintiff had not satisfied the requirements of the hearsay exception for statements published in authoritative treatises and articles contained in Code § 8.01-401.1 and, thus, prohibited the introduction into evidence of statements contained in…”
McMunn v. Tatum, 379 S.E.2d 908 (Va. 1989).
· cites it 24× “McMunn assigns error to this ruling, citing Code § 8.01-401.1. [2] He argues that the use of hearsay as the basis of expert opinion is realistic, because it reflects the fact that physicians, in reaching a diagnosis, frequently must rely on reports giving the opinions of other…”
Christopher Farrell v. Warren Cnty. Dep't of Soc. Servs., 719 S.E.2d 329 (Va. Ct. App. 2012).
· cites it 6× “2d 680, 682 (2002); see also Code §§ 8.01-401.1 and -401.3. Expert testimony is thus “inadmissible if it is speculative or founded on assumptions that have an insufficient factual basis.”
Weinberg v. Given, 476 S.E.2d 502 (Va. 1996).
· cites it 16× “In this appeal, we consider whether Code § 8.01-401.1 permits a jury to consider, as substantive evidence, statements in periodicals which are deemed reliable and authoritative.”
Com. v. Wynn, 671 S.E.2d 137 (Va. 2009).
· cites it 10× “We concluded that Code § 8.01-401.1, which governs the admissibility of expert witness testimony in a civil action, "does not authorize the admission in evidence, upon the direct examination of an expert witness, of hearsay matters of opinion upon which the expert relied in…”
Toraish v. Lee, 797 S.E.2d 760 (Va. 2017).
· cites it 6× “Code § 8.01-401.1 permits an expert in civil cases to render an opinion "from facts, circumstances or data made known to or perceived by such witness.”
Countryside Corp. v. Taylor, 561 S.E.2d 680 (Va. 2002).
· cites it 4× “By order dated August 2, 2001, we awarded Countryside this appeal. DISCUSSION Expert testimony is admissible in civil cases to assist the trier of fact, if the testimony meets certain fundamental requirements, including the requirement that it be based on an adequate factual…”
Lawrence v. Com., 689 S.E.2d 748 (Va. 2010).
· cites it 4× “The Commonwealth argued that Code § 8.01-401.1 authorized an expert witness to rely upon hearsay and to give her reasons for her opinions.”
Cantrell v. Commonwealth, 329 S.E.2d 22 (Va. 1985).
· cites it 4× “2d 180, 185 (1969), or, since 1982, where he renders an opinion "from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial," Code § 8.01-401.1 (1982 *28 Acts, c. 392).”
Holmes v. Levine, 639 S.E.2d 235 (Va. 2007).
· cites it 6× “Grob to testify about the cause of death set forth in Holmes' death certificate, but that it erred when it later reversed its decision and directed the jury to disregard that testimony. He argues that, since Dr. Grob testified he had reviewed Holmes' medical records in the…”
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