Also known as: FRE 702 · Fed. R. Evid. 702 · Federal Rule of Evidence 702 · expert witness rule
Written by attorneys · grounded in primary & secondary sources — see below
A federal evidentiary rule permitting a witness qualified by knowledge, skill, experience, training, or education to offer opinion testimony if the proponent shows that the testimony rests on sufficient facts or data, employs reliable principles and methods, and applies those principles and methods reliably to the facts of the case.
Roger Ramirez sued Riverside Healthcare after a surgical complication. Riverside retained a biomedical engineer to address device failure. The company disclosed the engineer's identity to Ramirez's counsel on the schedule set by the pretrial order but omitted any description of the opinions. The court struck the testimony because the disclosure failed to identify the witness who would present evidence under Rule 702.
Robert Rivera, a warehouse supervisor, watched a forklift tip and described the load shift in detail. When he began explaining torque calculations drawn from specialized training, opposing counsel objected. The court ruled the torque analysis inadmissible as lay opinion because it rested on scientific and technical knowledge within the scope of Rule 702.
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Rosa Ruiz sued Rhapsody Entertainment after a stage-lighting failure caused burns. The defense offered an electrical engineer who relied on an untested simulation model. The court conducted a Daubert hearing, found the model untested and lacking peer review or known error rate, and excluded the testimony for failing the reliability requirement of Rule 702.
Ricardo Rojas sued Ridgeway Partners for construction defects. Ridgeway designated its project manager to give Rule 702 opinions on load-bearing capacity. The disclosure stated only the manager's name and title. The court ordered supplementation because the notice omitted the subject matter on which the witness would present evidence under Rule 702.
Rita Russell sued Radiance Media after a video-editing program allegedly corrupted client files. The defense proffered a software engineer who used a self-created diagnostic script never tested outside the company. Applying the flexible reliability inquiry required for all specialized knowledge, the court excluded the testimony under Rule 702.
Riley Rivera was prosecuted for robbery. The defense sought to introduce a psychologist's testimony on cross-racial identification accuracy and weapon focus. The court held a hearing, determined the opinions would not assist the jury under the reliability standards of Rule 702, and excluded the testimony.
The judge acts as gatekeeper and must determine whether the testimony is both relevant and reliable before it reaches the jury. Reliability is assessed through a flexible, case-specific inquiry that may consider testing, peer review, error rate, standards, and general acceptance, among other factors.
Rule 702 applies to all expert testimony based on scientific, technical, or other specialized knowledge. Courts must conduct a reliability analysis for engineering opinions, construction safety assessments, and similar practical expertise, not merely for hard-science testimony.
The party must disclose the witness's identity and, unless otherwise ordered, either a full written report or a summary stating the subject matter of the expected testimony, the facts and opinions, and the compensation arrangement.
A lay witness may not give an opinion based on scientific, technical, or other specialized knowledge within the scope of Rule 702. Such testimony must satisfy the expert requirements or be excluded.
…district court properly applied this standard, and affirmed. The Supreme Court reversed, holding that Frye was superseded by Federal Rule of Evidence 702, --- U.S. at ----, 113 S.Ct. at 2794, and remanded for us to consider the admissibility of plaintiffs' expert testimony under this new standard. B. Procedural Issues First, however,…