A late 2023 change to Federal Rule of Evidence 702 tightens the reins on expert testimony. The amendment clarifies the purpose of the Rule and addresses its frequent misapplication; namely, holdings by various federal courts that the appropriateness of an expert’s factual basis and methodology are questions of weight, not of admissibility. The updated Rule now specifies that the Court must make the following findings before permitting an expert to testify:
(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.
Key Takeaways:
- Setting the Standard: Lawyers must establish, by a preponderance of evidence, that their expert meets the four criteria above.
- Judicial Scrutiny: The amendment underscores judicial discretion. Judges, as gatekeepers, now have an even stronger mandate to ensure expert opinions are based on reliable and supportive methodology.
- Impact on Attorneys: Expect more Daubert challenges and ensure rigorous preparation of expert witnesses regarding their methodology and its application to the given case.
Maryland litigators, take note: Maryland rules may follow suit, so familiarize yourself with the amended federal rule and be prepared to adapt.
Our attorneys are versed in the new rules and equipped to navigate complex legal issues. If you are seeking assistance with your case, contact Waranch & Brown. We are here to help.