Expert witness; an unheralded change

Article Abstract:

An amendment to Federal Rules of Evidence 702 substituting a validation standard for the traditional general-acceptance test used for expert evidence is discussed. The amendment was passed at the end of 2000 and will require the proponent to show the proponent's proper application of the methodology to the facts of the case.

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Expert witness; shopping around

Article Abstract:

The importance of considering a jurisdiction's rules on expert evidence in forum-shopping is discussed, and jury trials have often turned into trials by experts. Experts in sciences such as psychiatry use the older Frye ruling, while state courts have grown hospitable to the Daubert ruling.

Forum non conveniens

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Expert witness; Rule 702's reach

Article Abstract:

The amendment to Federal Rule of Evidence 702 on expert evidence is discussed. Knowledge of this rule is essential since it can overturn or modify rulings on expert evidence. The importance of the Advisory Committee notes in addition to the text of the Federal Rules is discussed.

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