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2.5-4 Hypothetical Questions

Revised to January 1, 2008

An expert witness may state an opinion in response to a hypothetical question, and the experts have done so in this case.  A hypothetical question is one in which the witness is asked to assume that certain facts are true and to give an opinion based on those assumptions.  The value of the opinion given by an expert in response to a hypothetical question depends upon the relevance, validity and completeness of the facts (he/she) was asked to assume.  The weight that you give to the opinion of an expert will depend on whether you find that the facts assumed were proven and whether the facts relied on in reaching the opinion were complete or whether material facts were omitted or not considered.  Like all other evidence, an expert's answer to a hypothetical question may be accepted or rejected, in whole or in part, according to your best judgment.



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