Once expert evidence has been unconditionally admitted, a trial judge should not exclude it after the close of the tendering party's case unless the opposing party consents to the tendering party reopening its case as of right, or liberty to make such an application was clearly and expressly reserved in advance. Expert opinion evidence is not 'based on' material that the expert refers to only as the source of a competing theory which the expert rejects; the relevant factual basis is the material supporting the theory the expert propounds. Where parts of an expert report are problematic, excision of those parts should be considered before complete rejection of the report.
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