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Keywords

trialtestimonywillexpert witnesshearsayadmissibility

hearingtrialtestimonyexpert witnesshearsay

Related Cases

Brunner v. Brown, 480 N.W.2d 33

Facts

John Wermuth's will was contested by his family members on the grounds that he lacked sufficient testamentary capacity. The trial court found against the contestants, who argued that the court erred by not allowing their expert witness, Dr. Vernon P. Varner, to present hearsay evidence he considered in forming his opinion about Wermuth's mental state. Dr. Varner based his opinion on interviews with Wermuth's acquaintances and his treating doctor, but the court ruled that the specific statements were inadmissible hearsay.

The contestants' psychiatrist, Dr. Vernon P. Varner, was retained to investigate Wermuth's testamentary capacity. Because Wermuth was deceased, it was necessary for Dr. Varner to base his opinion on interviews he had with Wermuth's social acquaintances and his treating doctor. Dr. Varner testified that this evidence was the kind that psychiatrists regularly rely on in reaching their conclusions.

Issue

Whether an expert witness may relate, in his direct testimony, hearsay evidence on which his opinion is based.

The initial issue is whether an expert witness may relate, in his direct testimony, hearsay evidence on which his opinion is based.

Rule

Iowa Rule of Evidence 703 allows experts to base their opinions on facts or data that may not be admissible in evidence, provided they are of a type reasonably relied upon by experts in the field. Iowa Rule of Evidence 705 permits experts to testify in terms of opinion or inference without prior disclosure of the underlying facts or data.

Iowa Rule of Evidence 703 provides: The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the trial or hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence.

Analysis

The court applied Iowa Rules of Evidence 703 and 705, noting that while the hearsay evidence was admissible for the expert's opinion, the trial court did not abuse its discretion in excluding it. The court reasoned that the declarants of the hearsay were to be witnesses at trial, and the contestants had the opportunity to obtain the necessary evidence through those witnesses rather than through Dr. Varner's testimony.

While the underlying hearsay evidence was admissible under rules 703 and 705, we do not believe that the trial court abused its discretion in refusing to admit it. As the court noted, the doctor, whose hearsay report was attempted to be used by Dr. Varner, as well as the lay witness interviewed by Dr. Varner, were to be witnesses at the trial.

Conclusion

The Supreme Court affirmed the trial court's decision, concluding that there was no abuse of discretion in the rulings regarding the admissibility of hearsay evidence.

We conclude that there was no abuse of discretion in the trial court's rulings, and we therefore affirm.

Who won?

The prevailing party was the proponents of the will, as the court upheld the trial court's decision rejecting the challenge to the will.

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