Thursday, November 09, 2006

Tenth Circuit on Erie and the Federal Rules of Evidence

On Tuesday, while the rest of the country was busy voting, the Tenth Circuit released a lengthy opinion on the interplay between Erie and the Federal Rules of Evidence.

See Sims v. Great Am. Life Ins. Co., No. 04-5135 (10th Cir. Nov. 7, 2006).


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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.