BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, September 25, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This webinar will address how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702, which was amended last year to clarify that (1) the burden is on the proponent of expert testimony to establish admissibility by a preponderance of the evidence standard, and (2) a reliable application of the principles and methods to the facts of the case is required.

Description

Effective Dec. 1, 2023, the trial judge must act as a true gatekeeper. Before allowing the jury to hear expert testimony, the court must find that "more likely than not" all the requirements in FRE 702(a)-(d) have been met.

The use of lay witnesses to provide expert testimony under Rule 701 will be discussed, including the "camouflaged" expert seeking to circumvent Rule 702 and the expert witness disclosures.

Preparation of expert witnesses will be discussed, including the preparation of reports and programming a witness' testimony under ABA Formal Opinion 508.

Listen as our panel addresses how federal courts have interpreted and applied the amendments to Federal Rule of Evidence 702.

Outline

I. Historical perspective on expert testimony

II. 2023 Amendments

III. Scientific witnesses: assessing "reliable application of a principle or method"

IV. Non-scientific expert witnesses: pre- and post-amendment

V. Lay opinion witnesses: FRE 701 vs. FRE 702

VI. Stealth/camouflaged expert testimony

VII. Preparing expert witnesses for testimony

Benefits

The panel will discuss these and other important issues: 

  • What is required to show it is more likely than not that expert's opinion reflects a reliable application of the principles and methods to the facts of the case?
  • What issues arise when experts are offering emerging theories, e.g., query whether a technique or theory has been generally accepted in the scientific community or is emerging? 
  • Can historically accepted evidence be challenged and excluded under the new standards, e.g., must all experts meet the Rule 702 threshold?
  • Are counsel tendering experts obligated to caution them about where their methodology and "expertise" ends in order to prevent ipse dixit and avoid an unreliable application of the principles and methods to the facts of the case?