what is federal rule 702 and how does it apply to computer forensics?

Article VII of the Federal Rules of Evidence, comprised of six rules, covers the admissibility of expert witness testimony. An understanding of Article 7 is critical for any lawyer seeking to introduce or exclude expert testimony at trial.

Rule 701 – Opinion Testimony By Lay Witnesses

The starting time rule in Article VII begins by defining expert testimony by what information technology is not – lay witness testimony. Information technology states that if a witness is non testifying as an expert, opinion testimony must be: a) rationally based on the witness's perception; b) helpful to clearly understanding the witness'due south testimony or to determining a fact in result; and c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Subsection (a) requires beginning-mitt noesis or ascertainment, while subsection (b) demands a lay witness opinion that is meaningful and carries more confidence than a broad assertion. Subsection (c) is a direct contrast to the definition of adept testimony in the subsequent rule. Nether Rule 701, courts scrutinize lay opinions past determining whether the testimony is based on the witness' own experience base and everyday reasoning. Lay opinions must rely on facts personally observed. The proponent of lay opinion testimony must provide the court not simply with information establishing the witness' personal knowledge, just must as well show that the stance is rationally related to those facts and is helpful to the jury. As discussed below, the admissibility of practiced testimony is both unlike from and more than lenient than that of lay opinions.

Dominion 702 – Testimony By Proficient Witnesses

Dominion 702 is arguably the crux of Article VII, as it guides the court's assay in determining the admissibility of skilful testimony. It states that an expert'due south stance is open-door if:

1. the expert's scientific, technical, or other specialized cognition volition help the trier of fact to empathize the evidence or to determine a fact in issue
2. the testimony is based on sufficient facts or data
3. the testimony is the product of reliable principles and methods
4. the expert has reliably applied the principles and methods to the facts of the instance

The overarching aim of Rule 702 is to establish the relevance and reliability of the expert's opinion. Dominion 702 was amended in response to the seminal Supreme Court decision, Daubert 5. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), which outlines a non-exhaustive list of factors for the courts to consider when determining the expert testimony admissibility. Although the specific Daubert factors are not codification in Rule 702, Rule 702 was amended broadly enough to permit consideration of any of the factors enumerated in Daubert and its progeny.

In consideration of Daubert'southward belongings that the court functions as a "gatekeeper," Rule 702 grants wide judicial discretion in determining admissibility. About importantly, the breadth of Rule 702, along with the instance police force that follows, establishes that exclusion of expert testimony is the exception rather than the rule.

Rule 703 – Bases of an Expert's Opinion Testimony

Rule 703 establishes the bases on which experts may class their opinions. Notably, it allows experts to base their opinions on information that is inadmissible at trial. Every bit Rule 703 states:

An expert may base an opinion on facts or information in the case that the adept has been made aware of or personally observed. If experts in the item field would reasonably rely on those kinds of facts or data in forming an opinion on the subject, they need non be admissible for the opinion to be admitted. But if the facts or data would otherwise be inadmissible, the proponent of the opinion may disembalm them to the jury simply if their probative value in helping the jury evaluate the stance substantially outweighs their prejudicial effect.

Under Rule 703, experts may base their opinions on inadmissible evidence so long as such information is reasonable to rely upon. In add-on, the inadmissible bear witness tin can but be disclosed to the jury if its helpful in aiding the jury'south agreement and its probative value essentially outweighs whatsoever prejudicial event.

Inadmissible evidence in the context of Rule 703 usually relates to hearsay issues. Nonetheless, Rule 703 is not limited to hearsay, as experts may also rely on information rendered inadmissible by the other rules of evidence and the Constitution. Inadmissible evidence relied upon past experts may be admitted for express purposes; such as allowing the expert to reference the show simply in general terms. Experts may be permitted to disembalm inadmissible prove to the jury for the limited purpose of evaluating the expert's testimony, or in the culling, the jury could use the bear witness substantively.

Dominion 704 – Opinion on an Ultimate Issue

Rule 704 allows the skillful to testify as to the ultimate upshot of fact; with the narrow exception that experts at a criminal trial may non show as to whether a defendant had the requisite mental state to commit the charged offense. It is a response to older case law which limited an expert witness's ability to testify equally to the ultimate problems. The master purpose of Rule 704 is to assistance the trier of fact. Therefore, an expert cannot render a conclusory stance that prevents the jury from conducting their ain analysis.

Dominion 704 does not define what constitutes an "ultimate event". Example law has suggested that when a witness uses the same terms that are in a jury instruction, a line has been crossed (i.e., a medical expert stating a plaintiff's condition as a "full permanent disability" in a personal injury accommodate or an bookkeeping expert describing a failure to pay taxes as "willful" in a tax evasion instance.). Because Rule 704 does not restrict opinions on the ultimate bug, experts are free to reach their own conclusions. They are too free to express their opinions without unnecessary semantic limitations.

Dominion 705 – Disclosing the Facts or Data Underlying an Skillful's Stance

Rule 705 discusses the form in which an expert may present its testimony. Under Dominion 705, an expert may state an opinion without "first testifying to the underlying facts or data". On cross-examination, the opposing party may inquire into the basis of the good'southward opinion. Rule 705, similar 703, broadened previously followed common law rules past allowing experts to rely on data that would be otherwise inadmissible at trial and undisclosed to a jury.

There are obvious benefits to nondisclosure of facts and data, as it allows the experts to rely on a greater latitude of data. In certain instances, all the same, disclosing such facts and data may be advantageous to one'due south case. If the material relied upon by the adept is helpful to understanding the bug at trial and can be easily presented to a jury, disclosure may not only help the trier of fact in rendering a decision. It may also eternalize the skillful's brownie by taking the opportunity to more effectively testify.

Rule 706 – Courtroom-Appointed Skillful Witnesses

Rule 706 governs court-appointed expert witnesses and permits courts to unilaterally choose an adept on its ain. The court-appointed expert is required to advise all parties of its findings. They may be deposed, cantankerous-examined, and chosen to show past any party.

Although rarely invoked, Rule 706 ensures that, even if both parties elect non to produce an skillful, practiced testimony can still be elicited in matters in which the courts are dependent on expert guidance for deciding material facts. Proponents of court-appointed expert witnesses notation that such appointments may amend potential skilful partisanship and "intermission through the log-jam of diametrically reverse viewpoints" between the parties' ain experts. All the same, courts take often viewed the appointment of experts as an extraordinary measure; only used when the traditional adversarial process is unable to properly elicit expert testimony that aids the trier of fact.

Overall, Article Vii of the Federal Rules of Show lays the foundation for understanding the evidentiary rules of expert witness testimony. Taken together, the Rules highlight the pregnant function that expert witnesses play in the context of litigation.

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Source: https://www.expertinstitute.com/resources/insights/the-ultimate-guide-to-the-federal-rules-of-evidence-and-expert-witnesses/

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