Federal Rule of Evidence 702: A Useful Rule (When It's Followed)
Evidence at Trial
SEPTEMBER 9, 2021
What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. Merrell Dow Pharmaceuticals, Inc. But since the 2000 amendment, some courts have ignored Rule 702's requirements and read into the rule a presumption of admissibility. 579, 589 (1993).
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