Federal Rule of Evidence 702

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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

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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

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the

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understanding and really drive your ability to be a quality expert.

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As you can see, we're into module seven. We've only got a couple modules left. You're doing great

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in this module. We're going to talk about several different rules. We're gonna talk about Federal Rule of Evidence 702

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Federal rule of civil procedure number 26

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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.

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Federal rules 702 is what I'll call the granddaddy rule when it comes to

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expert witnesses.

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Rule 702

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Federal rule of evidence 702 establishes theory requirements for an expert witness

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in this video. We're going to talk about federal rule of evidence. 702

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Evidence rules 702 is titled testimony by expert witnesses

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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

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a

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the experts scientific, technical or other specialized knowledge will help the Trier of fact

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toe understand the evidence or determine

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effect in issue,

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the testimony is based on sufficient fax or data.

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The testimony is the product of reliable principles and methods,

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and the expert has reliably applied the principles and methods to the facts of the case.

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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.

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Not one, not all. But you have tohave

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knowledge, skill, experience, training or education.

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You also have to use scientific, technical or other specialized knowledge

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in order to assist the trier of fact the judge of the jury

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with understanding the evidence.

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That is the definition of what digital forensics is.

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The testimony is based on sufficient fax or data that's fairly self explanatory.

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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

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or the methods air reliable?

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And you have to have reliably applied defensively

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applied

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the principles and methods to the facts of the case.