Federal Rule 702 & Daubert Impact Expert Witness Testimony

Federal Rule 702, Daubert, and Their Impacts on Expert Witness Testimony

With three decades of experience working with legal professionals, I’ve seen firsthand the ever-evolving landscape of expert witness testimony. One of the most influential changes to this area has been the establishment of the Daubert standard and subsequent amendments to Federal Rule 702. This blog post will delve into the background, implications, and changes brought by these developments.

The Historical Backdrop: Frye v. United States

To understand the Daubert standard and Rule 702, it’s essential to first know about the Frye standard. Set in 1923, the Frye standard stipulated that expert opinion based on a scientific technique was admissible only where the technique was “generally accepted” as reliable in the relevant scientific community.

Daubert v. Merrell Dow Pharmaceuticals Inc. – A Paradigm Shift

The 1993 Supreme Court case Daubert v. Merrell Dow Pharmaceuticals Inc. overhauled the Frye standard. The Court ruled that the Federal Rules of Evidence, especially Rule 702, not general acceptance, should guide admissibility decisions regarding expert testimony. The Court provided a non-exhaustive checklist to determine the scientific validity of the testimony:

1. Whether the theory or technique has been empirically tested.
2. Whether the theory or technique has been subjected to peer review and publication.
3. The technique’s known or potential error rate.
4. The existence and maintenance of standards controlling the technique’s operation.
5. Whether the theory or method has achieved general acceptance in the relevant community.

Federal Rule 702: From Passive to Proactive

Following the Daubert ruling, there was a need to align Rule 702 of the Federal Rules of Evidence with the new guidelines. The rule, which previously offered a relatively passive approach to expert testimony, was amended in 2000 to incorporate the Daubert criteria.

The current Rule 702 reads:

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:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

The Impacts on Expert Witness Testimony

The Daubert ruling and the amended Rule 702 ushered in a new era of expert testimony. Courts are now required to play a more proactive role in the gatekeeping of expert testimony. Some key implications include:

1. Increased Scrutiny: Expert testimony faces more rigorous scrutiny now. Judges are the gatekeepers ensuring that any expert’s testimony is not just credible but backed by sound scientific or technical reasoning.

2. Elevated Expectations: Experts need to be well-prepared, understanding that their methodologies might be placed under the microscope during a Daubert challenge.

3. Broadened Scope: Daubert’s criteria, while rooted in the scientific context, have been applied to non-scientific expert testimonies as well. This means a broader range of expert testimony is now held to the Daubert standard.

Conclusion

The landscape of expert witness testimony has seen monumental shifts in the past few decades. The Daubert standard and the amendments to Federal Rule 702 have fortified the credibility and reliability of expert testimonies in court. For attorneys, paralegals, and legal counsels, understanding these standards is crucial to ensure that they bring forward and work with experts whose testimonies can stand the test of Daubert and Rule 702.

Further reading:

Comparing & Contrasting Daubert, Kumho, and Frye Standards

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