It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule

The Atlantic Legal Foundation long has been the nation’s leading advocate for use of sound science in judicial and regulatory proceedings. Our advocacy in the famous Daubert trilogy of Supreme Court cases significantly contributed to the adoption of the reliability standard incorporated into Federal Rule of Evidence 702, which governs admissibility of testimony by expert witnesses. Our insistence that trial-court judges fulfill their “gatekeeper” role by keeping junk science away from juries has continued to this day.

Earlier this year the Supreme Court approved amendments to Rule 702. These amendments, which formally take effect on December 1, already are being followed by many courts. They not only clarify the rule’s expert testimony admissibility requirements, but also effectively overrule case law that has misconstrued and misapplied the rule.

Law360 has published an expert analysis, Time For Courts, Attorneys To Use Amended Evidence Rule, which discusses the Rule 702 amendments and their significance. The article was co-authored by Eric Lasker of Hollingsworth LLP and ALF Executive Vice President & General Counsel Larry Ebner. Their expert analysis highlights the amended language and explains how and why it reinforces trial-court judges’ gatekeeper duty.

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