![]() The more probably true than not true test is the most liberal harmless error standard. Section 18.103(a) provides that error is not harmless, i.e., a substantial right is affected, unless on review it is determined that it is more probably true than not true that the error did not materially contribute to the decision or order of the court. An adverse party may call the expert as a witness and examine the witness as if under cross-examination. The adverse party may not object to the authenticity of the report unless the adverse party files and serves written objection thereto sufficiently in advance of the hearing stating the objections, and the grounds therefor, that the adverse party will make if the report is offered at the time of the hearing. Written reports of an expert witness prepared with a view toward litigation including but not limited to a diagnostic report of a physician, including inferences and opinions, when on official letterhead, when dated, when including a statement of the experts qualifications, when including a summary of experience as an expert witness in litigation, when including the basic facts, data, and opinions forming the basis of the inferences or opinions, and when including the reasons for or explanation of the inferences or opinions, so far as admissible under the rules of evidence applied as though the witness was then present and testifying, provided that a copy of the report has been filed and served upon the adverse party sufficiently in advance of the hearing to provide the adverse party with a fair opportunity to prepare to object or meet it. ![]() (14 ) Written reports of expert witnesses. The adverse party may not object to the admissibility of the report unless the adverse party files and serves written objection thereto sufficiently in advance of the hearing stating the objections, and the grounds therefor, that the adverse party will make if the report is offered at the time of the hearing. Written reports of an expert witness prepared with a view toward litigation, including but not limited to a diagnostic report of a physician, including inferences and opinions, when on official letterhead, when dated, when including a statement of the expert's qualifications, when including a summary of experience as an expert witness in litigation, when including the basic facts, data, and opinions forming the basis of the inferences or opinions, and when including the reasons for or explanation of the inferences and opinions, so far as admissible under rules of evidence applied as though the witness was then present and testifying, unless the sources of information or the method or circumstances of preparation indicate lack of trustworthiness, provided that a copy of the report has been filed and served upon the adverse party sufficiently in advance of the hearing to provide the adverse party with a fair opportunity to prepare to object or meet it. (28 ) Written reports of expert witnesses. Subscribing witness' testimony unnecessary.Ĭontents of Writings, Recordings, and PhotographsĪdmissibility of other evidence of contents. Requirement of authentication or identification. Hearsay exceptions declarant unavailable.Īttacking and supporting credibility of declarant. ![]() Hearsay exceptions availability of declarant immaterial. Mode and order of interrogation and presentation.Ĭalling and interrogation of witnesses by judge.ĭisclosure of facts or data underlying expert opinion. Impeachment by evidence of conviction of crime. Inadmissibility of pleas, plea discussion, and related statements.Įvidence of character and conduct of witness. Relevant evidence generally admissible irrelevant evidence inadmissible.Įxclusion of relevant evidence on grounds of confusion or waste of time.Ĭharacter evidence not admissible to prove conduct exceptions other crimes. Remainder of or related writings or recorded statements.
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