“We can only hope that the new amendments…are more effective in enforcing Rule 702’s gatekeeping requirements than were the 2000 amendments.”
“Don’t Say Daubert” (DSD) is a joint project of Lawyers for Civil Justice, DRI, International Association of Defense Counsel, and Federation of Defense & Corporate Counsel dedicated to reforming federal and state civil rules governing the admission of expert evidence in civil courts.
We propose and support amendments to federal and state civil rules governing the admission of expert evidence. We advocate before judicial rulemaking committees as well as state legislatures to effectuate change. We also work to inform the wider legal community about the meaning of Federal Rule of Evidence 702, the amendment to Rule 702 that took effect on December 1, 2023, and the need for reform of equivalent state rules.
Using the name “Daubert” as shorthand for expert testimony admissibility is misleading because Rule 702, not caselaw, defines the applicable standards. Words matter in the practice of law. Referring to Rule 702 motions, Rule 702 hearings, and Rule 702 decisions is the accurate way to talk about expert evidence admissibility. Don’t Say Daubert.
The new amendment to Federal Rule of Evidence 702 that takes effect on December 1, 2023, clarifies that:
Courts must determine admissibility before allowing an expert witness to testify
The proponent of expert testimony must establish admissibility by a preponderance of the evidence
The court’s “gatekeeping” responsibility doesn’t end when admissibility is determined, but is ongoing and includes everything the expert says
Read what industry experts are saying about Rule 702.