2023 Amendment to Rule 702

2023 Amendment to Rule 702

2023 Amendment to Rule 702

The amendment made explicit that the proponent must demonstrate it is more likely than not that each Rule 702 requirement is met, and that the expert's opinion must reflect a reliable application of the methodology to the facts.

The committee note identified inconsistent application as the reason for amendment.

Alternative Names:

Rule 702 Amendment, Amended Rule 702

Why it Matters?

The amendment responded to courts treating reliability questions as going to weight rather than admissibility, which the advisory committee identified as a widespread misapplication. Citing the amendment and its committee note directly is now standard in Daubert briefing, since it forecloses the argument that shaky methodology should reach the jury with cross-examination as the remedy. The reliable application language also strengthens analytical gap challenges.

Frequently asked questions

What did the amendment clarify?

What did the amendment clarify?

That the proponent must show by a preponderance that each requirement is met, and that the opinion reflects reliable application of the methodology.

Why was it adopted?

Why was it adopted?

Because courts were inconsistently treating reliability as a weight question for the jury rather than an admissibility question for the court.