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Multistate Bar (MBE) OPE 1 Practice Exam

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Under FRE Rule 703, may an expert rely on hearsay when forming an opinion, with the hearsay not admissible as evidence at trial?
Correct Answer:
No
Explanation:
Under FRE 703, an expert may base an opinion on facts or data presented to the expert, even if those facts or data would be inadmissible as evidence at trial. The key is that the data must be of the type reasonably relied upon by experts in the field in forming opinions. So hearsay can be used as the basis for an expert’s opinion, even though the hearsay itself isn’t admissible to prove the truth at trial. The court ensures the data is something experts in the field typically rely on, and the underlying information may be kept out of the jury room unless it’s admitted for another reason. This allows experts to bring in practical, real-world information they consider credible, without forcing the jury to review every underlying source.

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