In any civil action any expert witness may give testimony and render an opinion or draw inferences from facts, circumstances or data made known to or perceived by such witness at or before the hearing or trial during which he is called upon to testify. The facts, circumstances or data relied upon by such witness in forming an opinion or drawing inferences, if of a type normally relied upon by others in the particular field of expertise in forming opinions and drawing inferences, need not be admissible in evidence.
The expert may testify in terms of opinion or inference and give his reasons therefor without prior disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation, shall not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the specific statements shall be designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court.
If a statement has been designated by a party in accordance with and satisfies the requirements of this section, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.
1982, c. 392; 1994, c. 328; 2013, c. 379.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-386. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 8.01-387. Notice by courts and officers of signatures of judges and Governor
§ 8.01-390.1. School records as evidence
§ 8.01-390.2. Reports by Chief Medical Examiner received as evidence
§ 8.01-392. When court order book or equivalent is lost or illegible, what matters may be reentered
§ 8.01-394. How contents of any such lost record, etc., proved
§ 8.01-395. Validating certain proceedings under § 8.01-394
§ 8.01-396. No person incompetent to testify by reason of interest, or because a party
§ 8.01-396.1. Competency of witness
§ 8.01-401.2. Chiropractor, nurse practitioner, or physician assistant as expert witness
§ 8.01-401.2:1. Podiatrist as an expert witness
§ 8.01-405. Who may administer oath to witness
§ 8.01-407.1. Identity of persons communicating anonymously over the Internet
§ 8.01-408. Recognizance taken upon continuance of case
§ 8.01-410. Inmates as witnesses in civil actions
§ 8.01-412.2. Authorization of audio-visual deposition; official record; uses
§ 8.01-412.3. Notice of audio-visual deposition
§ 8.01-412.6. Promulgation of rules for standards and guidelines
§ 8.01-412.10. Issuance of subpoena
§ 8.01-412.11. Service of subpoena
§ 8.01-412.12. Deposition, production, and inspection
§ 8.01-412.13. Application to court
§ 8.01-412.14. Uniformity of application and construction; reciprocal privileges
§ 8.01-412.15. Application to pending actions
§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption
§ 8.01-414. Affidavit prima facie evidence of nonresidence
§ 8.01-415. Affidavit evidence of publication
§ 8.01-416. Affidavit re damages to motor vehicle
§ 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding
§ 8.01-419. Table of life expectancy
§ 8.01-419.1. Motor vehicle value
§ 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence
§ 8.01-420.1. Abolition of common-law perpetuation of testimony
§ 8.01-420.2. Limitation on use of recorded conversations as evidence
§ 8.01-420.4. Taking of depositions
§ 8.01-420.4:1. Taking of depositions; corporate officers
§ 8.01-420.5. Estoppel effect of judicial determination of employment status
§ 8.01-420.6. Number of witnesses whose depositions may be taken
§ 8.01-420.7. Attorney-client privilege and work product protection; limitations on waiver
§ 8.01-420.8. Protection of confidential information in court files