Arizona Jury Instruction - 5.1 Expert Witnesses General Instruction
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RULE 702 If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
For this kind of generalized testimony, Rule 702 simply requires that: (1) the expert be qualified; (2) the testimony address a subject matter on which the factfinder can be assisted by an expert; (3) the testimony be reliable; and (4) the testimony ?fit? the facts of the case.
Upcoming FRE 702 Amendment Reemphasizes the Admissibility Bar for Expert Testimony and Courts' Gatekeeping Role. Wilson Sonsini. On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges' role as gatekeepers for admitting expert testimony.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
California Code, Evidence Code - EVID § 702 (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
The majority of states follow the Daubert standard for expert witnesses. In conjunction with Rule 702, only experts who are ?qualified?by knowledge, skill, experience, training, or education? can testify in a case.
(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably ...
Rule 702 currently states that expert testimony must: (a) help the trier of fact understand the evidence or determine a fact at issue; (b) be based on sufficient facts or data; (c) be based on reliable principles and methods; and (d) be based on principles and methods reliably applied to facts of the case.