220. Experts Questions Containing Assumed Facts Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 The law allows expert witnesses to be asked questions that are based on assumed facts. These are sometimes called ?hypothetical questions.? In determining the weight to give to the expert's opinion that is based on the assumed facts, you should consider whether the assumed facts are true. New September 2003