Also known as: FRE 702 · Federal Rule of Evidence 702 · Fed. R. Evid. 702 · Rule 702 · expert witness rule
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence that permits a witness qualified by knowledge, skill, experience, training, or education to offer opinion testimony when the proponent shows it is more likely than not that the testimony rests on sufficient facts or data, employs reliable principles and methods, and applies those principles and methods reliably to the facts of the case.
Farah Fox sues Falcon Dynamics in federal court for product defects. Falcon Dynamics plans to call a retained engineer at trial. Falcon Dynamics must disclose the engineer's identity to Fox under the initial expert disclosure rule even before completing its full investigation of the case.
Fiona Foster, a store cashier, observes a spill pattern and wants to testify that the liquid must have been present for an hour based on her training program. The court excludes the opinion because it rests on specialized knowledge that requires qualification under the expert evidence rule rather than lay opinion standards.
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Faith Fitzgerald offers a forensic economist who used a novel event study lacking a documented error rate to prove class damages. The judge conducts a gatekeeping inquiry into whether the methodology is reliable before deciding whether the testimony reaches the jury.
Francisco Frost designates a network engineer to testify about nationwide cellular capacity issues. Frost must disclose the subject matter of the engineer's expected testimony under the expert disclosure provisions even though no written report is required.
Francois Fortier offers an entertainment production manager to testify about rigging practices based solely on industry experience. The court applies a flexible reliability analysis to the experiential testimony rather than limiting review to laboratory science.
Forrest Falconer offers a computer scientist whose informal laptop tests support broad conclusions about real-world algorithm performance. The court excludes the testimony after finding too great a gap between the limited data and the opinions offered.
The proponent must demonstrate that it is more likely than not the testimony is based on sufficient facts or data, employs reliable principles and methods, and applies those principles and methods reliably to the case facts.
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No. The gatekeeping obligation extends to all expert testimony based on scientific, technical, or other specialized knowledge, including experience-based opinions in engineering and other fields.
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The trial judge acts as gatekeeper and must ensure the testimony is both relevant and reliable before it reaches the jury, using a flexible case-specific analysis that may consider testing, peer review, error rate, standards, and general acceptance.
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Parties must disclose the identity of any witness expected to present evidence under the rule and, when required, the subject matter of that testimony along with a summary of facts and opinions.
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…district court properly applied this standard, and affirmed. The Supreme Court reversed, holding that Frye was superseded by Federal Rule of Evidence 702, --- U.S. at ----, 113 S.Ct. at 2794, and remanded for us to consider the admissibility of plaintiffs' expert testimony under this new standard. B. Procedural Issues First, however,…