Gregory J. DuBoff, Brian D. Schmalzbach, John J. Woolard, Kate Carolyn Ashley and C. Matthew West | McGuireWoods The federal rule of evidence governing expert testimony — Rule 702 — just saw its most significant change in almost 25 years. The new Rule 702, which went into effect Dec. 1, 2023, gives litigants important new… Continue reading Important Changes to Rule 702 and Expert Testimony
Clifton Gruhn | Carlton Fields On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the evidence. After receiving more than 500 comments regarding proposed changes, the rule was amended… Continue reading Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony
Thomas E. Spahn | McGuireWoods Litigants relying on testifying experts can look to federal or state court rules in determining what they must disclose or may withhold. In contrast, courts take widely varying views of those issues in addressing litigants’ non-testifying experts. In Kaleta v. City of Holmes Beach, Case No. 8:22-cv-2472-CEH-JSS, 2023 U.S. Dist. LEXIS… Continue reading Must Litigants Identify Their Non-Testifying Experts?
Marisa T. Darden and Jay Thomas | Squire Patton Boggs Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side’s expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence (“FRE”), which stipulate that expert testimony… Continue reading Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Michael Guggeinheim | Proskauer Rose Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of expert witness testimony. This vote signals imminent changes that could… Continue reading Changes to Rules Governing Expert Testimony Imminent