Remove Cross-Examination Remove Evidence Remove Expert Testimony
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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. And when it comes to expert opinion testimony, there can be even more uncertainty. The Court held that the Frye test was superseded by the adoption of the Federal Rules of Evidence.

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Is The Opinion “Lay” or “Expert?” — The Superior Court Has An Opinion (Maybe A Wrong One)

Temple University Beasley School of Law - Advocacy

To ensure there is a foundation for the opinion rather than mere speculation, there is the testing device of cross-examination. But lay witnesses may not cross a line and give testimony that is “based on scientific, technical, or other specialized knowledge within the scope of Rule 702.” The line is ill-defined.

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Judge Allows Eyebrow Testimony as Quadruple Murder Case Inches Closer to Trial

Practice of Law

The defense sought to have her testimony and any mention of bushy eyebrows barred from evidence. District Judge Steven Hippler disagreed, stating that this sort of testimony was exactly what cross-examination was for and that the defense would get their chance to challenge her observations and memory on the stand.