Interested in training for your team? Click here to learn more

Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, January 26, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will review the proposed amendments to Federal Rule of Evidence 702, the split and perceived confusion among trial and appellate courts regarding the application of FRE 702, and the intended effect of the proposed changes to FRE 702, and the impact on admissibility the change to FRE 702 subsection (d) may produce.


Success in complex injury cases often turns on whether expert testimony is admitted or excluded regarding the existence and extent of injury, causation, damages, apportionment of fault, and even likelihood of disease or harm.

Federal Rule of Evidence 702 governs the admissibility of expert testimony. The federal judiciary's Advisory Committee on Evidence Rules has proposed amending FRE 702 in response to perceived misunderstanding by trial courts of what the rule means and how to apply it. The amendments will expressly state the proponent's burden of proof and focus more attention on the reliability of an expert's final opinion as a function of the methodology applied to the facts of the case.

The program will review the difference between requirements for admissibility of evidence and those factors that go to the weight of the evidence. The program will also explore what it means to prove by a preponderance of the evidence that the expert's testimony is based on "sufficient facts or data" or that it is "more likely than not" that the "expert's opinion reflects a reliable application of the principles and methods to the facts of the case."

Listen as this experienced panel reviews the proposed amendments to FRE 702 and their practical consequences.



  1. How did we get to the point where an amendment is on the table?
    1. Weight v. Admissibility issue
    2. Burden of production issue
    3. Overstatement issue
  2. What are the proposed amendments under consideration and where are we in the process?
    1. Proposed amendment published on July 29, 2021, for public comment and hearing
    2. Amendment to address weight v. admissibility and preponderance of evidence issue
    3. Overstatement issue
    4. Next stages of the process
    5. Possible complications of SCOTUS cases
  3. What are the expected effects of the amendment if it is enacted?
    1. Weight v. admissibility & preponderance issues
    2. Overstatement issue
    3. Overall effects


The panel will review these and other pivotal issues:

  • If the amendments are intended to clarify the rule, are courts required to change how they rule?
  • On appeal, will the trial court's decision get more scrutiny?
  • Are there any possible unintended or adverse consequences of the amendments?
  • How will the amendments change objections to expert testimony?


Campbell, Christopher
Christopher G. Campbell

DLA Piper

Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases...  |  Read More

Mickus, Lee
Lee Mickus

Evans Fears & Schuttert

Mr. Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the...  |  Read More

Peters, Mary Donne
Mary Donne Peters

Gorby Peters & Associates

Ms. Peters represents high-growth, closely held companies, often serving as outside general counsel. She has handled...  |  Read More

Miller, Colin
Professor Colin Miller

Professor of Law
University of South Carolina School of Law

Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video