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In Washington State, ER 705 governs the disclosure of facts or data underlying an expert’s opinion in legal proceedings. This rule plays a critical role in ensuring that expert testimony is both credible and transparent, providing a balance between the expert’s freedom to express opinions and the necessity of revealing the foundation of those opinions during cross-examination.

What ER 705 Entails

ER 705 allows an expert witness to testify about their opinions or inferences without the need to disclose the underlying facts or data beforehand. This flexibility is crucial in allowing experts to present their findings succinctly and directly. However, the rule also empowers the court to require such disclosure before the testimony if deemed necessary.

Moreover, ER 705 ensures that during cross-examination, the opposing party has the right to demand that the expert reveal the underlying facts or data supporting their testimony. This aspect of the rule helps maintain the integrity of the judicial process by allowing the credibility of expert testimony to be thoroughly tested.

Why ER 705 Matters

ER 705 is vital in legal cases where expert testimony significantly influences the outcome. By allowing experts to testify without initially disclosing all underlying data, the rule streamlines the presentation of evidence. At the same time, it safeguards against potential misuse by ensuring that the basis of any opinion can be challenged and scrutinized during cross-examination.

This rule is particularly relevant in complex cases involving scientific, technical, or specialized knowledge, where the foundation of an expert’s opinion can be as important as the opinion itself.

Application in Washington State

In Washington, courts apply ER 705 to ensure that expert testimony is both efficient and fair. The rule strikes a balance between the need for expert opinions and the rights of all parties to challenge the evidence presented against them. Understanding this rule is essential for attorneys preparing to present or challenge expert testimony in Washington State.

For more detailed information, you can review the full text of ER 705 here.

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