LCJ has urged the Advisory Committee on Evidence Rules and its Subcommittee on Rule 702 to amend Rule 702 and remedy the widespread misapplication of standards for expert testimony in civil litigation. Too many courts treat the Rule 702 reliability requirements of sufficient basis and reliable application as questions of weight and not admissibility, and the result is that judges routinely abandon their proper gatekeeper role. LCJ supports moving forward with an amendment that would emphasize that sufficiency of basis and reliable application are questions of admissibility and not weight.
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