Legal Memorandum: Requirements for Admission of Proffered Testimony

Issue: Under Rule 702 of the Federal Rues of Evidence, what are the requirements for proffered expert testimony to be admissible?

Area of Law: Litigation & Procedure
Keywords: Proffered witness; Expert; Trier of fact
Jurisdiction: Federal
Cited Cases: 35 F.3d 717; 520 F.3d 237
Cited Statutes: None
Date: 03/01/2015

The Third Circuit has instructed that:

Rule 702 has three major requirements: (1) the proffered witness must be an expert, i.e., must be qualified; (2) the expert must testify about matters requiring scientific, technical or specialized knowledge; and (3) the expert’s testimony must assist the trier of fact.  Id. (citing In re Paoli R.R. Yard PCB Litig., 35 F.3d 717, 741-42 (3d Cir. 1994)).  We have interpreted the second requirement to mean that “‘an expert’s testimony is admissible so long as the process or technique the expert used in formulating the opinion is reliable.'”


Pineda v. Ford Motor Co., 520 F.3d 237, 243 (3d Cir. 2008).


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