Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony
The Advisory Committee on Civil Rules of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The proposed amendments are a step in the right direction to a more consistent application of Rule 702.
December 09, 2021 at 10:00 AM
8 minute read
The Advisory Committee on Civil Rules ("the Committee") of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The first proposed amendment seeks to clarify and emphasize that existing law requires the proponent of the expert to establish all of the admissibility requirements of Rule 702 by a preponderance of evidence. The second proposed amendment to Rule 702(d) is intended to remind courts that in exercising their gatekeeping role, they must ensure that the expert's opinion reflects a "reliable application" of the principles and methods to the facts of the case. The public comment period for the proposed amendments remains open until Feb. 16, 2022, and are, therefore, subject to change. If enacted as proposed, the role of the trial judge as gatekeeper to determine the admissibility of expert testimony should be crystal clear.
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