News & Analysis as of

Preponderance of the Evidence Federal Rules of Evidence

Faegre Drinker Biddle & Reath LLP

Clearing the Weeds: The Ninth Circuit Confirms that There is Not (And Never Has Been) a Presumption of Admissibility in Its Case...

The judge overseeing the In re Roundup Products Liability Litigation MDL once remarked that “When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is more tolerant of shaky...more

Ankura

Amendments to Federal Rule of Evidence 702 and the Implications for Expert Witnesses

Ankura on

Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more

Adams & Reese

Clarifying the District Court’s “Gatekeeping” Responsibility

Adams & Reese on

Recent Amendments to the Rules Governing Admissibility of Expert Testimony in Federal Rule of Evidence 702 - In litigation, everything ultimately boils down to proof; that is, how the parties prove their claims and defenses....more

IMS Legal Strategies

Working with Experts Under the New 702 Rule

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

BCLP

Georgia Appellate Court Signals Adoption of Federal Precedent for State Pattern Jury Instructions

BCLP on

The Georgia Court of Appeals recently considered a challenge to Georgia’s preponderance-of-the-evidence pattern jury instruction, which is based upon a repealed version of Georgia’s prior evidence code. Reading from the...more

IMS Legal Strategies

Working with Experts after Proposed 702 Rule Changes

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Proskauer - Minding Your Business

No Amendment to Federal Rule of Evidence 702, At Least For Now

Federal Rule of Evidence 702, which governs the admissibility of expert testimony, was most recently amended in 2000 in response to Daubert and its progeny. In response to concerns about misapplication, the Advisory Committee...more

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