Wednesday, October 01, 2003

7th Circuit Reverses Exclusion of Handwriting Expert

In a lengthy opinion, the Seventh Circuit has reversed a trial court's decision excluding the testimony of a handwriting expert who opined that a signature was genuine. See Deputy v. Lehman Bros., Inc., No. 02-4305 (7th Cir. Sept. 29, 2003) (Bauer, Manion, & Evans, JJ.).
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.