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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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