WPI 365.03 Basis of Expert Opinion—Limiting Instruction
6A WAPRAC WPI 365.03Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 365.03 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XIX. Involuntary Treatment
Chapter 365. Involuntary Treatment—Sexually Violent Predators
WPI 365.03 Basis of Expert Opinion—Limiting Instruction
[Generally, witnesses testify only to things they observe. However, some witnesses are permitted to give their opinions in addition to their observations. In order to assist you in evaluating an opinion, a witness may be allowed to give the basis for the opinion. In some circumstances, testimony about the basis for an opinion is not appropriate for you to consider for other purposes. In that instance, I will call to your attention the limited purpose for which the evidence may properly be considered.]
(Name of witness)[is about to testify] [has testified] regarding(identify nature of testimony), which is part of the basis for [his] [her] opinion. You may consider this testimony only in deciding what credibility and weight should be given to the opinions of(name of witness). You may not consider it as evidence that the information relied upon by the witness is true or that the events described actually occurred.
NOTE ON USE
This is an oral instruction to be used during testimony when an expert witness testifies to hearsay, or to otherwise inadmissible evidence, that was used as part of the basis of the witness's opinions. Do not use this instruction if the hearsay is admissible as substantive evidence.
Use both paragraphs the first time that an expert witness is allowed to testify to inadmissible evidence. Use the second paragraph each subsequent time that the issue arises. The court may also repeat the first paragraph as necessary to refresh the jury's recollection.
COMMENT
Under ER 703, an expert witness may testify to facts on which his or her opinion is based, if those facts are of a type reasonably relied on by experts in the particular field in forming opinions on the subject. The underlying facts need not be otherwise admissible.
For example, an expert may testify to hearsay on which he or she reasonably relied. Under these circumstances, the hearsay is admitted only to explain the basis for the expert's opinion. Unless the hearsay is admissible on some other basis, it cannot be considered as substantive evidence. Grp. Health Co-op. of Puget Sound, Inc. v. Dep't. of Revenue, 106 Wn.2d 391, 399–400, 722 P.2d 787 (1986); see Tegland, 5B Wash. Prac., Evidence Law and Practice § 705.5 (6th ed.). Accord, In re Detention of Marshall, 122 Wn.App. 132, 144–46, 90 P.3d 1081 (2004) (expert can base opinion on confidential records that, themselves, would be inadmissible as hearsay).
A party is entitled to a limiting instruction upon request when evidence has been admitted for a limited purpose. ER 105.
[Current as of October 2020.]
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