The December 2023 FRE 702 amendment overrules case law that had applied a “presumption of admissibility” to expert testimony. The proponent must now affirmatively show by a preponderance that the expert’s testimony reflects a reliable application of the methodology to the facts — no analytical gaps. Direct effect on every digital forensics expert who testifies in federal court.
McManis Faulkner Law Firm
2024 · FRE 702 Eff. Dec. 1, 2023