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 the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.

These changes: (1) include the proponent’s burden of proof (preponderance) in the language of the rule itself; (2) specify that “the court” – not a jury – must determine that all four of the substantive criteria for expert admissibility are satisfied; and (3) specify that the judicial gatekeeping function includes ensuring that expert testimony reliably applies the expert’s “principles and methods” to the case-specific facts.

This article was originally published on DRI For the Defense. To read the full article, please visit digitaleditions.walsworth.com, or download the PDF below.