A Daubert hearing permits the court to hear testimony and argument on whether proposed expert opinion satisfies Rule 702. The expert may testify and be cross-examined outside the jury's presence.
A hearing is not always required.
Alternative Names:
Admissibility Hearing, Rule 702 Hearing
Why it Matters?
Whether to request a hearing is a real strategic decision, since a hearing gives the proponent an opportunity to cure deficiencies in the report through live testimony. Where the motion rests on gaps apparent from the report itself, deciding on the papers may be preferable. Where the challenge concerns methodology the expert must explain, the hearing is generally necessary and provides a preview of trial testimony.
Frequently Confused with
Related terms
Frequently asked questions
Is a hearing required?
When is a hearing disadvantageous to the movant?
