Expert Witnesses and Scientific Evidence
Admissibility Standards
Rule 702 permits a qualified expert to testify if the testimony will help the factfinder, is based on sufficient facts or data, is the product of reliable principles and methods, and reflects a reliable application of those principles to the facts of the case.
The December 2023 amendment clarified that the proponent must establish these requirements by a preponderance of the evidence, and that the reliable application requirement is an admissibility question for the court rather than a weight question for the jury.
Alternative Names:
Federal Rule of Evidence 702, FRE 702
Why it Matters?
The 2023 amendment matters because many courts had drifted toward admitting questionable expert testimony and letting cross-examination sort it out. The amended rule directs courts to decide reliable application themselves, which strengthens challenges targeting an expert who used an accepted methodology but applied it carelessly, overstated the certainty of conclusions, or extrapolated beyond what the data supports.
Frequently Confused with
Related terms
Frequently asked questions
What did the 2023 amendment change?
Does Rule 702 require peer-reviewed methodology?
