Wednesday, April 11, 2007

Blinka on Wisconsin's "Relevancy" Standard for Expert Testimony

The Winter 2006 issue of the Marquette Law Review includes an article by Professor Daniel D. Blinka entitled "Expert Testimony and the Relevancy Rule in the Age of Daubert." The article explores (and extols) Wisconsin's "unique approach to the admissibility of expert testimony," which revolves around helpfulness to the trier of fact.



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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.