Authored By: Candace Whitman
According to an article from Bloomberg Law by Elizabeth Barnard, two amendments to Rule 702 have been approved by The Advisory Committee on Evidence Rules. Rule 702 sets the standard of admissibility for expert witness testimony. It establishes that the court must ensure expert testimony is reliable and based on facts.
Public comment on the amendments closed in mid-February. Bernard says, “all signs indicate that these necessary changes, which would clearly establish the standard for admissibility of this testimony, will be approved by the Supreme Court soon and take effect Dec. 1, 2023.”
The first proposed amendment adds “preponderance of the evidence” to clarify that judges should decide whether an expert's testimony is reliable enough to be admissible in court.
The second proposed amendment emphasizes the role of the judge to ensure that expert opinions are reasonably drawn from facts and methodology and not overstated so that jurors are given the proper information to make their decision.
According to an article from Reuters, "Defense lawyers and business-oriented groups like Lawyers for Civil Justice have long argued that the rule has been inconsistently applied, undercutting the so-called Daubert standard for expert testimony the U.S. Supreme Court adopted in a 1993 ruling."
The amendments aim to further clarify Rule 702 and ensure that it is applied consistently in the courts. To read more about the proposed amendments see the links below:
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