Legal Library > Colorado Courts > Expert Witness Guidelines
Colorado CRE 702: Governs admission of Expert Testimony.
- Trial Courts granted broad discretion in determining admissibility of expert testimony. People v. Ramirez, 155 P. 3d 371, 380 (Colo. 2007)
- Trial court will not be overturned unless decision is "manifestly erroneous."
- CRE 702 requires a "broad" and "liberal" inquiry into the admissibility of expert witness testimony. People v. Shreck, 22 P. 3d 68, 77-78 (Colo. 2001)
- "...exclusion of relevant and competent evidence offered in defense of a criminal charge is a severe sanction, implicating as it does the defendant's right to present a defense and ultimately a right to a fair trial." People v. Hampton, 696 P. 2d 765, 778 (Colo. 1985)
- "...an expert may be qualified by any one of the five factors specified in the rule: knowledge, skill, experience, training, or education." Huntoon v. TCI Cablevision of Colo., 969 P. 2d 681, 690 (Colo. 1998)
- "...a qualified witness need not hold a specific degree, training certificate, accreditation, or membership in a professional organization."
- "In making its determination, a trial court should assess the witness's qualifications in the context of the evidence that is presented to the jury." Shreck, 22 P. 3d at 77; Campbell v. People, 814 P. 2d 1, 7-8 (Colo. 1991)
- "The trial court retains broad discretion to evaluate on a case-by-case basis whether the testimony in question would assist the trier of fact to understand the evidence or to determine a fact in issue."