Have the witness ask the judge's permission to use the notes and offer to show the notes to opposing counsel. However, the use of notes may have an effect on credibility. Therefore notes should not be used where there is a crucial dispute as to a factual issue. On the other hand, notes are often used to remind deciding officials as to the Douglas factors. If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience or education, may testify thereto in the form of an opinion.
Experts can testify as to opinions.
The MSPB generally follows the Federal Rules in this area. This book contains model scripts as to the qualification of experts and the use of expert testimony. The rules for hearsay are set out at Federal Rules 801-806. Since the MSPB does not follow them, there is no need to repeat them. However, hearsay testimony is less credible than live testimony.