Despite the amendments to Rule 702 adopted in 2000, many district courts have misapplied their gatekeeper function and have admitted unreliable expert testimony. On April 30, 2021, the federal Advisory Committee on Evidence recommended action on an amendment to Rule 702 to fix three distinct ways in which district courts incorrectly apply Rule 702 to admit flawed expert testimony. This presentation will discuss that recommendation and the accompanying Committee Note and analyze the likely impact the amendments, if adopted, will have on the admissibility of expert testimony. It will also provide practical tips for spotting and overcoming the three most common Rule 702 admissibility errors.
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