© D.L. Crumbley
Jury selection and Pre-Trial Motions.
Burden of Proof: In Civil trial, preponderance of evidence – 51% or greater.
Sometimes, higher clear and convincing evidence.
For the opinion of an expert to be admissible, it must meet the 51% test:
“My opinion is based upon a reasonable degree of scientific (or medical or economic or accounting) certainty.”
Otherwise, opinion may be stricken from evidence.