Expert Witness Blog

Expert Witness Sample Jury Instructions in South Dakota

Jury instructions in South Dakota regarding expert witnesses are not as readily outlined as those of other states. Instead, case law is more revealing of the relevant instructions to a jury regarding expert witness testimony. To begin, the reason for allowing experts to testify is to help the jury understand the case and not to instruct the jury as to how to decide the case. Hewitt v. Feldman, 841 N.W.2d 258 (S.D. 2013). Thus, juries are free to “reasonably accept or reject all, part, or none of an expert’s opinion.” Magner v. Brinkman, 883 N.W.2d 74 (S.D. 2016). Additionally, the jury should consider the facts that experts base their opinions on when considering how much weight to give an expert’s testimony. Bridge v. Karl’s, Inc. 538 N.W.2d 521 (S.D. 1995).

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