We’ve written a lot about the recent amendment to Federal Rule of Evidence 702.  As noted here, the amendment (1) mandates that the court must determine the admissibility of evidence before presenting it to the jury, (2) integrates the preponderance of evidence standard—requiring the proponent of expert testimony to prove that it is more likely than not that all of Rule 702’s requirements are met, and (3) reinforces that each expert opinion must reliably apply the expert’s principles and methods to the facts of the case. These changes were driven by the fact that “many courts have held that the critical questions of the sufficiency of an expert’s basis, and the application of the expert’s methodology, are questions of weight and not admissibility.”  Fed. R. Evid. 702 Advisory Committee’s Note to 2023 Amendment.  The changes to Rule 702 are intended to prevent such erroneous “weight vs. admissibility” findings.  We’re also fans of the Don’t Say Daubert movement that reminds lawyers that Rule 702 itself – not the Daubert decision – defines the applicable standard for the admission of expert testimony. Continue Reading Rule 702 Gatekeeping by En Banc Panel of the Federal Circuit