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AMI 107 Expert Witnesses

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 107
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 1. Introductory Instructions
AMI 107 Expert Witnesses
An expert witness is a person who has special knowledge, skill, experience, training, or education on the subject to which [his][or][her] testimony relates.
An expert witness may give an opinion on questions in controversy. You may consider the expert's opinion in the light of [his][or][her] qualifications and credibility, the reasons given for the opinion, and the facts and other matters upon which the opinion is based.
You are not bound to accept an expert opinion as conclusive, but should give it whatever weight you think it should have. You may disregard any opinion testimony if you find it to be unreasonable.
NOTE ON USE
This instruction should be used only where testimony has been admitted under Ark. R. Evid. 702.
COMMENT
This instruction is identical to AMCI 2d 105. In Redman v. St. Louis Southwestern Ry. Co., 316 Ark. 636, 873 S.W.2d 542 (1994), the court held that it was not error to give an instruction substantially similar to AMCI 2d 105 since, at that time, there was no AMI instruction concerning expert witnesses.
In Gibson Appliance Co. v. Nationwide Ins. Co., 341 Ark. 536, 545, 20 S.W.3d 285, 291–92 (2000), the court stated that “juries are not bound to accept an expert opinion as conclusive, but should give it whatever weight they think it should have and may disregard any opinion testimony if they find it to be unreasonable.”
In Dixon Ticonderoga Co. v. Winburn Tile Mfg. Co., 324 Ark. 266, 271, 920 S.W.2d 829, 832 (1996), the court stated that “a properly qualified expert's opinion constitutes substantial evidence, unless it is shown that the expert's opinion is without reasonable basis” (quoting Ford Motor Co. v. Massey, 313 Ark. 345, 349, 855 S.W.2d 897, 899 (1993)).
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