State Expert Evidence Rule Proposals Progress

States Continue to Advance Expert Evidence Rules

States continue to adopt rule amendments aligning with amended Federal Rule of Evidence 702 on expert evidence admissibility. Wisconsin, Kansas, and South Dakota have adopted rule changes this year, joining Arizona, Kentucky, Louisiana, Michigan, Ohio, Oklahoma, and the US Virgin Islands in amending their rules. Delaware and Maryland courts recognize the rule change as persuasive authority. Additional resources are available at www.dontsaydaubert.com.

New Jersey Considers Amended Rule

The New Jersey Supreme Court is considering an amendment bringing the state’s expert evidence admissibility standard into line with the Federal Rule of Evidence 702, following a hearing in May. The New Jersey Defense Association was joined by a New Jersey business coalition and individual firms in filing comments with the New Jersey Supreme Court in support of a rule amendment.

Florida Rule Proposal Makes Progress

The Florida Bar’s Criminal Law Section executive council unanimously voted on June 19th to champion a proposed amendment to the state’s expert evidence rule. Florida’s evidence rules are codified by the legislature and an amendment to Florida Statute 90.702 is required. The Florida Bar’s support for an amendment is crucial to the state’s consideration of the rule amendment.

Join LCJ’s Expert Evidence Committee

LCJ’s Expert Evidence Committee meets monthly to discuss state adoptions and federal implementation of Federal Rule of Evidence 702. The Committee, co-chaired by Leah Lorber (GSK) and Lee Mickus (Evans Fears Schuttert McNulty Mickus), focuses on implementation of FRE 702 and aligned state rule adoptions. If you are not already a member of LCJ’s Expert Evidence Committee, please consider joining!