2007 - 2008 LEGISLATURE
February 21, 2007 - Introduced by Senators Kanavas, Leibham, Schultz and
Roessler, cosponsored by Representatives Suder, Pridemore, Jeskewitz, A.
Ott, Vukmir, Nass, Ballweg, Mursau, Townsend, Kramer, Albers, LeMahieu,
F. Lasee, Musser and
Gunderson. Referred to Committee on Judiciary and
Corrections.
SB60,1,3
1An Act to renumber and amend 907.01 and 907.02;
to amend 907.03; and
to
2create 907.01 (3), 907.02 (1) (a), (b) and (c) and 907.02 (2) of the statutes;
3relating to: evidence of lay and expert witnesses.
Analysis by the Legislative Reference Bureau
Under current law, if a witness is not testifying as an expert, the witness's
testimony is limited to those opinions that are rationally based on the perception of
the witness and helpful to a clear understanding of the witness's testimony or of a
fact at issue in the case. This bill adds the additional limit that a nonexpert's
testimony may not be based on scientific, technical, or other specialized knowledge
of the witness.
Current law allows the testimony of an expert witness if that scientific,
technical, or other specialized knowledge will assist the trier of fact to understand
the evidence or to determine a fact at issue in the case. This bill limits the testimony
of an expert witness to testimony that is based on sufficient facts or data, that is the
product of reliable principles and methods, and that is based on the witness applying
those principles and methods to the facts of the case. The bill also prohibits the
testimony of an expert witness who is entitled to receive any compensation
contingent on the outcome of the case.
Currently, the facts or data in a particular case on which an expert witness
bases his or her opinion may be made known to the expert at or before the case
hearing, but, if those facts or data are reasonably relied upon by experts in the field
in forming opinions about the subject, they do not need to be admissible into evidence
in the case. This bill adds that facts or data that are otherwise inadmissible may not
be disclosed to the jury unless the court determines that their value in assisting the
jury to evaluate the expert's testimony outweighs their prejudicial effect.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB60, s. 1
1Section
1. 907.01 of the statutes is renumbered 907.01 (intro.) and amended
2to read:
SB60,2,5
3907.01 Opinion testimony by lay witnesses. (intro.) If the witness is not
4testifying as an expert, the witness's testimony in the form of opinions or inferences
5is limited to those opinions or inferences which are
rationally all of the following:
SB60,2,6
6(1) Rationally based on the perception of the witness
and helpful.
SB60,2,8
7(2) Helpful to a clear understanding of the witness's testimony or the
8determination of a fact in issue.
SB60, s. 2
9Section
2. 907.01 (3) of the statutes is created to read:
SB60,2,1110
907.01
(3) Not based on scientific, technical, or other specialized knowledge
11within the scope of a witness under s. 907.02 (1).
SB60, s. 3
12Section
3. 907.02 of the statutes is renumbered 907.02 (1) (intro.) and
13amended to read:
SB60,2,1814
907.02
(1) (intro.) If scientific, technical, or other specialized knowledge will
15assist the trier of fact to understand the evidence or to determine a fact in issue, a
16witness qualified as an expert by knowledge, skill, experience, training, or education,
17may testify thereto in the form of an opinion or otherwise
. if all of the following
18criteria are met:
SB60, s. 4
19Section
4. 907.02 (1) (a), (b) and (c) of the statutes are created to read:
SB60,2,2020
907.02
(1) (a) The testimony is based upon sufficient facts or data.
SB60,3,1
1(b) The testimony is the product of reliable principles and methods.
SB60,3,32
(c) The witness has applied the principles and methods reliably to the facts of
3the case.
SB60, s. 5
4Section
5. 907.02 (2) of the statutes is created to read:
SB60,3,85
907.02
(2) Notwithstanding sub. (1), the testimony of an expert witness may
6not be admitted if the expert witness is entitled to receive any compensation
7contingent on the outcome of any claim or case with respect to which the testimony
8is being offered.
SB60, s. 6
9Section
6. 907.03 of the statutes is amended to read:
SB60,3,19
10907.03 Bases of opinion testimony by experts. The facts or data in the
11particular case upon which an expert bases an opinion or inference may be those
12perceived by or made known to the expert at or before the hearing. If of a type
13reasonably relied upon by experts in the particular field in forming opinions or
14inferences upon the subject, the facts or data need not be admissible in evidence
in
15order for the opinion or inference to be admitted. Facts or data that are otherwise
16inadmissible may not be disclosed to the jury by the proponent of the opinion or
17inference unless the court determines that their probative value in assisting the jury
18to evaluate the expert's opinion or inference substantially outweighs their
19prejudicial effect.
SB60,3,2221
(1) This act first applies to actions commenced on the effective date of this
22subsection.
