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Evidence obtained by an expert witness from the trial itself can be used as the basis for an opinion. The expert can use all evidence adduced during trial as long as it does not conflict and subject to any special rules of presentation in specific forms.


The opinion of an expert witness may not be predicated in whole or in part upon the opinions, inferences, or conclusions of other witnesses, whether they be expert or lay, unless their testimony is put to him hypothetically as an assumed fact. State v. David, 222 N.C. 242, 22 S.E. 2d 633. When the hypothetical question is properly asked the jury can determine whether the assumed facts have been proven and weigh the opinion of the expert accordingly. An excellent statement of this rule appears in Quimby v. Greenhawk, 166 Md. 335, 340, 171 A. 59, 61: 'Although a medical expert may base his opinion upon the facts testified to by another expert, the witness may not have submitted to him, as a part of the facts to be considered in the formation of his inference and conclusion, the opinion of such other expert on all or some of the ...

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