The 2023 Amendment to FRE 702: What Digital Forensics Expert Witnesses Must Now Demonstrate Before Reaching a Jury

Updated:

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

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Landmark Ruling

2023 · Kumho Tire Co. v. Carmichael (1999)

Reference: https://www.mcmanislaw.com/blog/2024/the-new-daubert-standard-implications-of-amended-fre-702/