Hypothetical Question
A question posed to a witness, typically an expert, that asks them to assume certain facts are true and then offer an opinion based on those assumed facts.
A question posed to a witness, typically an expert, that asks them to assume certain facts are true and then offer an opinion based on those assumed facts.
Example: A lawyer might ask a medical expert, ‘Hypothetically, if a patient had symptoms A, B, and C, would that constitute medical negligence?’ Federal Rule of Evidence 702 lets qualified experts give opinion testimony on facts or data in the case, which counsel may present to the expert as a hypothetical.
Common misconception: Hypothetical questions are only used by expert witnesses. While most common with experts, lay witnesses can sometimes be asked hypotheticals to test the consistency of their perception or memory, though it is heavily restricted by judges.
Sources: https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-app-ndvII-FedRulEvi702.htm — Federal Rule of Evidence 702 (expert opinions, including on assumed facts), via govinfo; https://www.uscourts.gov/about-federal-courts/educational-resources — uscourts.gov educational materials (trial practice context)