Friday, June 03, 2005

10th Circuit Tackles End Run on Polygraph Testimony

If actual polygraph testimony is not offered, may a litigant testify that she offered to take one?

Nice try, says the Tenth Circuit in an unpublished opinion. See Jones v. Geneva Pharms., Inc., No. 04-1079 (10th Cir. June 1, 2005) (Tacha, Anderson, & O'Brien, JJ.).

posted by pn at 9:06 AM  

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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.