2006 Code of Virginia § 8.01-401.1 - Opinion testimony by experts; hearsay exception

8.01-401.1. Opinion testimony by experts; hearsay exception.

In any civil action any expert witness may give testimony and render anopinion or draw inferences from facts, circumstances or data made known to orperceived by such witness at or before the hearing or trial during which heis called upon to testify. The facts, circumstances or data relied upon bysuch witness in forming an opinion or drawing inferences, if of a typenormally relied upon by others in the particular field of expertise informing opinions and drawing inferences, need not be admissible in evidence.

The expert may testify in terms of opinion or inference and give his reasonstherefor without prior disclosure of the underlying facts or data, unless thecourt requires otherwise. The expert may in any event be required to disclosethe underlying facts or data on cross-examination.

To the extent called to the attention of an expert witness uponcross-examination or relied upon by the expert witness in direct examination,statements contained in published treatises, periodicals or pamphlets on asubject of history, medicine or other science or art, established as areliable authority by testimony or by stipulation shall not be excluded ashearsay. If admitted, the statements may be read into evidence but may not bereceived as exhibits. If the statements are to be introduced through anexpert witness upon direct examination, copies of the statements shall beprovided to opposing parties thirty days prior to trial unless otherwiseordered by the court.

(1982, c. 392; 1994, c. 328.)


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