aMendMentstofederalruleofevidence702takeeffectindeceMBer2023
Trial & litigation Section Chair : JasonWhittemore – WagnerMcLaughlinWhittemore
On December 1 , 2023 , an amended Federal Rule of Evidence 702 ( Testimony by Expert Witnesses ) will take effect . There are two amendments to the rule .
The first amendment requires that “ the proponent demonstrates to the court that it is more likely than not that ” the requirements in Rule 702 ( a ) — ( d ) have been met . The thesecondamendment requirestheproponentto demonstratetothecourtthat “ theexpert ’ sopinionreflectsa reliableapplicationofthe principlesandmethodstothe factsofthecase .”
Committee Note states that “ many courts have held that the critical questions of the sufficiency of an expert ’ s basis , and the application of the expert ’ s methodology , are questions of weight and not admissibility . These rulings are an incorrect application of Rules 702
and 104 ( a ).” The Committee Note explains this amendment “ clarifies that the preponderance standard applies to the three reliability-based requirements added in 2000 — requirements that many courts
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