IN THE PROFESSION
PHOTO CREDIT : PIXABAY
Are Amendments to Rule 702 a Challenge to Judges , or a Victory for the Defense ?
______________________________________________________________ How Rule 702 is Changing and What Lawyers Have to Say About It .
CHARLES W . CULLEN The Arora Law Firm charles @ arora-law . com
JENNIFER L . HYMAN The Arora Law Firm jennifer @ arora-law . com
F ederal Rule of Evidence 702 is changing . Barring congressional interference or resistance from the U . S . Supreme Court , amendments approved last year by the Advisory Committee on Evidence Rules will take effect in 2023 . What will this mean for courts , litigants , and proponents of expert testimony going forward ? How is the rule changing ?
The proposed amendments will add the following ( bolded ) language :
A witness who is qualified as an expert by knowledge , skill , experience , training , or education may testify in the form of an opinion or otherwise if the proponent has demonstrated by a preponderance of the evidence that :
They also alter the fourth prong of the test for admissibility :
10 August / September 2022