Authored By: Candace Whitman
According to an article for Law.com by Beth S. Rose and Charles J. Falletta, of Sills Cummis & Gross P.C., two amendments to Rule 702 have been approved by The Advisory Committee on Civil Rules of the Federal Judicial Conference. Rule 702 sets the standard that the opinions of expert witnesses in their testimony must be reliable and based on facts.
Rose and Falletta state that the first proposed amendment "would clarify that courts need to first determine that the proponent of the expert has, in fact, satisfied all of the requirements of Rule 702 by a preponderance of the evidence, and not just rely on broad assertions that permit juries to determine what weight to give the expert opinion."
The second proposed amendment emphasizes the role of the judge to ensure that expert opinions are reasonably drawn from facts and methodology and not overstated so that jurors are given the proper information to make their decision.
The amendments aim to further clarify Rule 702 and ensure that it is applied consistently in the courts. Public comment on the proposed amendments will be open until February 16, 2022. To read more about the proposed amendments, click here to read Rose and Falletta's article on Law.com.
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