Federal Rule of Evidence 702

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Time
1 hour 49 minutes
Difficulty
Intermediate
CEU/CPE
2
Video Transcription
00:00
So we're inching ever closer to talking about actually being an expert witness. One of our last sections that we're gonna talk about before we talk about the process of being an expert witness
00:12
and actually talk about the different types of expert testimony is to talk about the rules of evidence and procedure. And this is important for you to understand because this is going to really drive
00:24
the
00:26
understanding and really drive your ability to be a quality expert.
00:34
As you can see, we're into module seven. We've only got a couple modules left. You're doing great
00:41
in this module. We're going to talk about several different rules. We're gonna talk about Federal Rule of Evidence 702
00:49
Federal rule of civil procedure number 26
00:53
Federal rule of criminal procedure number 16. We'll talk about state and local rules, and we'll talk about a concept known as the work product doctrine.
01:03
Federal rules 702 is what I'll call the granddaddy rule when it comes to
01:10
expert witnesses.
01:11
Rule 702
01:14
Federal rule of evidence 702 establishes theory requirements for an expert witness
01:22
in this video. We're going to talk about federal rule of evidence. 702
01:27
Evidence rules 702 is titled testimony by expert witnesses
01:33
and states that a witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise. If
01:46
a
01:47
the experts scientific, technical or other specialized knowledge will help the Trier of fact
01:53
toe understand the evidence or determine
01:56
effect in issue,
01:59
the testimony is based on sufficient fax or data.
02:04
The testimony is the product of reliable principles and methods,
02:08
and the expert has reliably applied the principles and methods to the facts of the case.
02:15
What's really interesting here is we're talking about a number of things. First of all, you have to have knowledge, skill, experience, training or education.
02:25
Not one, not all. But you have tohave
02:30
knowledge, skill, experience, training or education.
02:35
You also have to use scientific, technical or other specialized knowledge
02:42
in order to assist the trier of fact the judge of the jury
02:46
with understanding the evidence.
02:49
That is the definition of what digital forensics is.
02:53
The testimony is based on sufficient fax or data that's fairly self explanatory.
03:00
The testimony is the product of reliable principles and methods. Here comes the reliability argument to get and we'll talk about how do you generate? How do you determine whether or not the process is reliable
03:15
or the methods air reliable?
03:19
And you have to have reliably applied defensively
03:24
applied
03:25
the principles and methods to the facts of the case.
03:30
In this video, we discussed Federal rule of evidence 702
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DFIR Investigations and Witness Testimony

This course discusses the role of the expert witness, the process an expert should follow from collection of digital data to reporting, the act of testifying in court, the rules that govern experts and the do’s and don’ts of good testimony.

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