News & Analysis as of

Federal Rules of Evidence Amended Rules

Benesch

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and...

Benesch on

It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more

Ankura

Amendments to Federal Rule of Evidence 702 and the Implications for Expert Witnesses

Ankura on

Effective December 1, 2023, the amendment to the United States Federal Rule of Evidence 702 clarifies and emphasizes existing requirements for the admissibility of expert witness testimony. Overall, the amendment to Rule 702...more

Carlton Fields

Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony

Carlton Fields on

On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the...more

Epstein Becker & Green

What Does the Upcoming Amendment to Federal Rule of Evidence 702 Mean for the Admission of Expert Testimony?

Epstein Becker & Green on

On December 1, 2023, Federal Rule of Evidence (“FRE”) 702 will be amended, following the Supreme Court’s adoption of the amendment earlier this year. FRE 702 governs the admission of expert testimony in the federal courts,...more

Womble Bond Dickinson

Rule 702 Amendments Move Closer to Final Approval, But You (and the Courts) Should Rely on Them Now

Womble Bond Dickinson on

Over the past several years, we’ve been tracking discussions and proposed amendments to Federal Rule of Evidence 702. On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure unanimously approved...more

ArentFox Schiff

From Bystander to Referee: The More Robust Role of Judges Under Amended Federal Rule of Evidence 702

ArentFox Schiff on

Product liability cases often involve complex, multidisciplinary subjects where expert opinion testimony is necessary to explain scientific, technological, or other specialized issues to the jury. Until recently, however, the...more

Holland & Knight LLP

Amendment to Residual Exception to Broaden Scope of Admissible Hearsay Evidence

Holland & Knight LLP on

The Federal Rules of Evidence usually deem all hearsay – out-of-court statements offered to prove the truth of the matter asserted – inadmissible unless the statement falls into one of the hearsay exceptions contained in...more

Kilpatrick

Impact of the Amendments to FRE 902 on E-Discovery Professionals

Kilpatrick on

Amendments to Federal Rule of Evidence 902 went into effect on December 1, 2017. FRE 902 governs evidence that is “self-authenticating,” meaning evidence that does not require any extrinsic evidence of authenticity in order...more

BakerHostetler

Strategic Implications of Amendments to the Federal Rules of Evidence

BakerHostetler on

On December 1, 2017, the Federal Rules of Evidence were amended to add new rules addressing the self-authentication of evidence generated by electronic processes or systems [Fed. R. Evid. 902(13)] and self-authentication of...more

Proskauer - Minding Your Business

New Rules Tackle Authentication of Electronic Data

On December 1, 2017, two amendments to the Federal Rules of Evidence came into effect that impact how courts authenticate digital evidence. The addition of two categories to Rule 902’s list of self-authenticating documents...more

Farrell Fritz, P.C.

The New Rules Of Federal Evidence Have Arrived

Farrell Fritz, P.C. on

Earlier this year, I wrote about the then-proposed changes to the Federal Rules, and how those changes (if implemented), could impact electronic discovery. (February 15, 2017 blog) Well, the time has come — effective...more

Foley & Lardner LLP

New Federal Rules of Evidence 902(13) and 902(14)

Foley & Lardner LLP on

You’ve got a case headed to trial in a few short months, and among your exhibits are a number of copies of web pages. You know you need to authenticate them to get them into evidence at trial (and also know your judge is...more

BakerHostetler

It’s the End of Authentication (of ESI) as We Know It

BakerHostetler on

Amendments to Federal Rules of Evidence 803 and 902 will become effective on Dec. 1 and will “govern in all proceedings thereafter commenced and, insofar as just, all proceedings then pending.” We previously analyzed the...more

Farrell Fritz, P.C.

More Proposed Changes to the Federal Rules that Will Inevitably Impact Electronic Discovery and Federal Practitioners

Farrell Fritz, P.C. on

The Federal Rules are undergoing more changes! And, effective December 1, 2017, there will be two new Federal Rules of Evidence (Rules 902[13], [14]) that will directly impact e-discovery in the federal courts. These Rule...more

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