Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were ...

Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of ...

In 1995, Federal Rule of Evidence 413 became law. It states that “[in] a criminal prosecution in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant ...

In the federal system and all states, "rape shield" rules require pre-trial hearings on whether evidence relating to a rape victim's prior sexual history is admissible at trial. For example, Utah's ...

Why reliability, methodology and clear explanation matter in complex cases Credentials alone are not enough under the ...

New rules on expert witness testimony in federal court are on the horizon, sparking debate among the legal community and impacting litigation. An amendment to Federal Rule of Evidence 702 is set to ...

The US Court of Appeals for the First Circuit affirmed the exclusion of a drug patent in a medical malpractice case, finding that the highly technical language of the patent would more likely confuse ...

Exceptions to the Rule Against Hearsay Because of the difficulty of having a witness located abroad appear to testify at a trial in the US, counsel may have to rely on materials constituting hearsay ...