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Amended FRCP 26

By Thomas P. Branigan and Tina Georgieva

Federal Rule of Evidence 702 governs the admission of expert testimony. Rule 702 allows testimony to be admitted if the scientific, technical or other specialized knowledge within that testimony will help the trier-of-fact make sense of the evidence or understand the facts. In its ruling for Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court established that judges are the “gatekeepers” against “junk science.”

Federal Rule of Civil Procedure 26, which outlines the requirements and limitations of expert witness disclosures, was substantially amended on Dec. 1, 2010. Prior to 2010, FRCP 26 was last amended in 1993.

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