Rule 702

Rule 702 of the Federal Rules of Evidence is the rule that decides whether an expert witness can testify in federal court. It requires that the expert be qualified, that the testimony help the jury understand the evidence, that it rest on sufficient facts or data, and that it use reliable methods reliably applied to the case. Judges act as "gatekeepers," deciding before trial whether a proposed expert's opinions meet this standard.

Origin

Rule 702 was enacted in 1975 as part of the Federal Rules of Evidence. It was significantly reshaped by the Supreme Court's 1993 Daubert decision and amended in 2000 to codify Daubert, and again in 2023 to clarify that the judge, not the jury, must find each reliability requirement met by a preponderance of the evidence.

Significance in Asbestos Context

Asbestos cases almost always turn on expert testimony, pulmonologists, pathologists, industrial hygienists, epidemiologists, and mineralogists who explain how exposure caused disease. Defendants routinely file Rule 702 (often called "Daubert") motions to try to exclude the patient's experts, especially on causation theories like "each and every exposure" or low-dose attribution. If a key expert is excluded, the case can collapse, so your legal team will spend substantial effort selecting experts whose methods can survive this challenge. The 2023 amendment has made these fights more intense because judges are now expected to scrutinize expert opinions more closely rather than leaving disputes for the jury.

Example Sentence

Before trial, the defense filed a Rule 702 motion seeking to exclude the plaintiff's pulmonologist, arguing his causation opinion was not based on reliable methodology.

Related Terms

Daubert Standard, Frye Standard, Expert Witness, Specific Causation, General Causation, Gatekeeper Function

Notes

• Ask your attorney early which experts they plan to retain and whether those experts have survived Rule 702 challenges in other asbestos cases. A track record matters.
• Preserve all medical records, pathology slides, employment records, and product identification evidence; experts need a solid factual foundation to satisfy Rule 702.
• If your case is in state court, ask whether that state follows Daubert, Frye, or its own rule. The standard can significantly affect strategy and which experts are used.
• The 2023 amendment to Rule 702 has made expert challenges more common; expect motion practice over your experts and budget time for it in the case schedule.