Federal Rule of Evidence 702
Definition
The US federal rule governing expert testimony. As amended through 2023, it requires that expert opinion be based on sufficient facts or data, the product of reliable principles and methods, and that the expert has reliably applied those methods to the facts of the case. The proponent must demonstrate admissibility by a preponderance of the evidence.
- Jurisdiction
- United States, federal courts
- Last amended
- 2023
- Requires
- Sufficient facts or data, reliable principles and methods, reliable application
- Burden
- Proponent must show admissibility by a preponderance of the evidence
Common questions
What changed in the 2023 amendment to Rule 702?+
The amendment made explicit that the proponent of expert testimony must demonstrate to the court, by a preponderance of the evidence, that the reliability requirements are met, addressing inconsistent application by courts that had treated reliability as a question for the jury.
How does Rule 702 relate to the Daubert standard?+
Rule 702 is the statutory text; the Daubert standard is the judicial framework of factors, including testability, peer review, and error rate, that courts use to decide whether expert testimony satisfies the rule's reliability requirement.
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- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Daubert Trilogy
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- Gatekeeping Role
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Explained in these topics
- Admissibility Standards Around the World
- The Daubert Standard and Its ProgenyThe rule governing expert testimony in US federal court. Amended in 2000 to codify the Daubert trilogy, it requires that expert testimony be based on sufficien...