Tuesday, April 24, 2007

Expert's Failure to Sign Report Held Harmless

A district court may permissibly conclude that an expert's failure to sign his report is harmless, and that preclusive sanctions under Fed. R. Civ. P. 37(c)(1) are therefore unwarranted, where the expert later manifests adoption of the report in an affidavit, the Seventh Circuit has held. Also, an expert reconstruction of a shooting was not inadmissibly unreliable merely because it included no "dimensionality analysis." See Jenkins v. Bartlett, No. 06-2495 (7th Cir. Apr. 23, 2007) (Easterbrook, Posner, & Ripple, JJ.).



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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.