The Admissibility of Ipse Dixit Testimony
Ipse Dixit testimony comprises a statement of fact by a proponent (i.e., the condition particular equipment prior to an incident occurring) that can be neither proved nor disproved by any other evidence. A trial court is well within its purview to rule as inadmissible ipse dixit evidence, because admitting ipse dixit opinion testimony that would require the court to “take a leap of faith” to rely on the proponent’s “naked assurances” that his testimony is based in fact.[1] For example, Tom has left a piece of construction equipment on Sam’s property. Tom was not present when his employees used the equipment to...
