In recent months, the use of Rule 702 has come into question by a few defense attorneys. In a letter submitted to the Judicial Conference Advisory Committee on Evidence Rules, the attorneys advised of trends in more than two dozen MDLs pointing to judges failing to follow the federal rules of evidence.
Rule 702 was drawn to ensure the relevance and reliability of an expert’s opinion, and amended in 1993 with the Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals.
The letter submitted by the attorney’s states in section II. A., “Judges are not scientists…This impulse to shift responsibility is understandable, but misguided. If federal judges have trouble sorting good science from bad, why would lay juries fare better?” Their letter requests a review and amendment to Rule 702 that would require the courts receive further clarification responsibilities and responsibilities to further uphold the Rule.
The advisory committee will meet next regarding the proposed amendment on November 13, 2020.
To see the Law.com article and letter click here.
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