FRE · Rule 702

FRE Rule 702

Quick Answer

What is FRE Rule 702?

Rule 702 governs the admissibility of expert witness testimony in federal courts, outlining qualifications and the basis for opinions.

Source: FRE Rule 702

Official Text
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Plain Language

FRE Rule 702 allows qualified experts to provide opinions in court that can help the judge or jury understand evidence or decide important facts. Experts can be deemed qualified based on their education, experience, or skills related to the subject matter.

Purpose

The purpose of this rule is to ensure that expert testimony is both relevant and reliable, aiding the fact-finder in making informed decisions based on specialized knowledge.

Key Provisions

Expert Qualification

An expert must have sufficient knowledge, skill, experience, training, or education relevant to the subject matter in question.

Relevance and Reliability

The expert's testimony must assist the trier of fact, and the underlying principles and methodology must be reliable and relevant.

Opinion Testimony

Experts may present their opinions, which can be based on experience or scientific methods.

Practice Notes
  • Always establish the expert's qualifications before presenting their testimony.
  • Ensure that the expert's methodology aligns with the standards of the discipline to support the reliability of their opinions.
  • Prepare to counter challenges to the admissibility of expert testimony based on the Daubert standard.
Landmark Cases

Daubert v. Merrell Dow Pharmaceuticals, Inc.

This case established the 'Daubert standard', which guides judges in determining the admissibility of expert testimony, emphasizing the necessity for relevance and reliability.

Kumho Tire Co. v. Carmichael

This case expanded the Daubert standard to include all types of expert testimony, not just scientific, and emphasized the trial court's role as gatekeeper.

Common Motions
  • Motion to Qualify Expert Witness
  • Motion to Exclude Expert Testimony
Exam Tip

FRE Rule 702 often appears in exams where students must evaluate the qualifications and reliability of expert testimony; pay attention to the specific criteria outlined in the rule.

Related Rules
  • fre-rule-701
  • fre-rule-703

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