THIS IS A REVISION TO THE ORIGINAL EMAIL SENT REGARDING THE AMENDMENT TO FEDERAL RULE OF EVIDENCE 702.
The final version of the amendment is as follows:
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 demonstrates to the court that it is more likely than not that:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
On December 1, 2023, an amendment to Federal Rule of Evidence 702 went into effect in the United States. The amendment clarifies that when it comes to the admissibility of expert testimony: It is the proponent who has the burden to establish admissibility of the expert by a preponderance of the evidence (“more likely than not”). The expert’s opinion must reflect a reliable application of the principles and methods to the facts of the case.
The Advisory Committee on Civil Rules has made clear that the changes to the rule are not intended to alter the law but rather are meant to clarify the correct standard in light of frequent misapplication by courts regarding the burden and the courts’ gatekeeping role over expert testimony.
The Full Text of the Rule 702 Amendment:
Rule 702. Testimony by Expert Witnesses
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 demonstrates to the court that it is more likely than not that:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
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