By Steven Babitsky, Esq.
The defense organization Lawyers for Civil Justice has urged that the advisory committee on evidence rules and its subcommittee on rule 702 amendments the “reform” of a Daubert Enforcement.
Specifically, this powerful and influential group called for the following:
We urge you to move forward with an amendment to rule 702 that would remedy the inconsistency in practice by clarifying that (1) the proponent of the expert’s testimony bear the burden of establishing its admissibility; (2) the proponent’s burden requires demonstrating the sufficiency of the basis and reliability of the expert’s methodology and its application; and (3) the expert shall not assert a degree of confidence in an opinion that is not itself derived from sufficient facts and reliable methods.
If these “clarifications” are adopted we can expect an increase in successful Daubert challenges.
Steven Babitsky, Esq. is the President of SEAK, Inc., the Testifying Training Company (www.testifyingtraining.com).
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