1.13 EXPERT TESTIMONY (Approved 12/09)
E. Optional Charge Concerning Experts Relying on Hearsay
Statements of Non-Testifying Experts .
For this case, you have heard statements contained within reports of experts that were not called as witnesses in this trial.
I instruct you, as the jury in this case, that you are not to consider any such out of court statement by any non-testifying experts as substantive proof of the content of these statements.
Those statements contained within the reports of the non-testifying experts which were relied upon by the testifying witness may be considered by you for the limited purpose of the witness explaining the basis of his/her opinion and your assessing the quality of his/her testimony and for no other purpose.
However, testifying experts may rely upon such out of court statements contained in such reports in formulating their opinions if they are of the type reasonably relied upon by experts, within that particular field in forming opinions or inferences upon the subject.