Updated Language To Federal Rule Of Evidence 702: What Litigators Should Know

• Jurisdiction: United States,Federal
• Author: Stephen F. English, Abdul Kallon, Renée E. Rothauge and Thomas (Tommy) Tobin
• Law Firm: Perkins Coie LLP
• Published date: 16 October 2023

Federal Rule of Evidence (FRE) 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants looking to introduce expert testimony in federal courts.

What Has Changed?

FRE 702 is used extensively in federal civil litigation, as it controls who can testify as an expert witness in federal court and how these experts are qualified.

While the new edits to the rule might appear minor initially, they clarify standards applicable to expert testimony and will guide courts around the country in evaluating the qualifications of expert witnesses.

Specifically, the proposed FRE 702 reads as follows (new language is underlined and deleted language is struck through):

"A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

1. the expert's scientific, technical, or other specialized knowledge will help
   the trier...