BarbriSFCourseDetails

Course Details

This CLE webinar will address how federal courts are interpreting and applying amended Federal Rule of Evidence 702, review instructive cases from the trial and appellate courts, and suggest a practitioner's tool kit for navigating FRE 702 when offering or challenging experts. The panel will also discuss possible trends and specific language in orders entered since courts began applying the revised rule.

Faculty

Description

Effective Dec. 1, 2023, amendments to FRE Rule 702 clarified (1) that the proponents of expert testimony must establish its admissibility by a preponderance of the evidence; and (2) that in assessing the reliability of those opinions, courts should evaluate whether the conclusions are supported by the methodologies used. But courts began applying the new standard before the official effective date, so there are now a significant number of rulings under the revised rule.

The amended rule has made evidentiary hearings even more important, and defendants have been diligent in seeking reconsideration of prior rulings under the former rule. By comparing the language used by courts when applying FRE 702 before and after the changes, litigators can know how to adjust their strategies.

Listen as this experienced panel offers insight into how courts are applying amended FRE 702 and practical strategies and tools for carefully evaluating the testimony of their own experts and those offered by opposing counsel.

Outline

  1. Overview of amendment
  2. Trial and appellate Relevant judicial decisions to date
  3. Practitioner's tool kit

Benefits

The panel will review these and other key issues:

  • How should litigators adjust their strategy in light of the amendments and current trends?
  • How does reliance on pre-amendment opinions affect the trial court's approach?
  • Are the amendments neutral or do they favor those offering or opposing expert testimony?