Admitting We Have a “Daubert” Problem

Admitting We Have a “Daubert” Problem: How the New FRE 702 Amendment Will Address Common Mistakes in the Admissibility of Expert Evidence

Slide Deck (PDF)

Rulings on the admissibility of expert evidence are changing. Although the forthcoming amendment to Federal Rule of Evidence 702 will not officially take effect until December 1st, courts are already taking note. The amendment clarifies that: (1) expert testimony may not be admitted unless the proponent demonstrates to the court that the proffered testimony meets the admissibility requirements of the rule; (2) the preponderance standard applies to the rule’s three reliability-based requirements; and (3) the expert’s opinion must stay within the bounds of what can be concluded from a reliable application of the expert’s basis and methodology.

These clarifications reflect current law, but the amendment will change practices in courts that have held that questions about the sufficiency of an expert’s basis and the application of the expert’s methodology are questions of weight rather than admissibility—holdings that are incorrect applications of Rule 702. This webinar will explain why the rule amendment is needed, what judges and practitioners need to know about the amendment, and how the amendment will change practices in both federal and state courts.


Read Hon. Dr. Stephanie Domitrovich Bio

Read Hon. Bernice B. Donald Bio

Read Mary Massaron Bio

Read Alex Dahl Bio

This webinar was jointly hosted by the National Association of Women Judges and Lawyers for Civil Justice

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