Question · FRE 702
What did the 2023 FRE 702 amendment change for expert testimony?
Rule 702 lets a qualified expert testify only if the proponent shows the court it is more likely than not that the testimony is helpful, based on sufficient facts or data, the product of reliable methods, and a reliable application of those methods.
01 / The answer
The short answer
The 2023 amendment, effective December 1, 2023, made two changes. First, it states that the party offering an expert must show the court that each Rule 702 requirement is more likely than not met, which confirms that admissibility is the judge's decision under Rule 104(a), not a question of weight for the jury. Second, it changed prong (d) to require that the expert's opinion reflect a reliable application of the method to the facts, aimed at experts whose conclusions go beyond what their method supports.
02 / The rule
What FRE 702 requires
Rule 702 lets a qualified expert testify only if the proponent shows the court it is more likely than not that the testimony is helpful, based on sufficient facts or data, the product of reliable methods, and a reliable application of those methods. The 2023 amendment made the preponderance standard explicit and tightened the 'reliable application' prong. That matters wherever an expert's opinion rests on AI or model output.
- 01Show the court, more likely than not, that each Rule 702 requirement is met; weight arguments do not substitute for this showing.
- 02Base the opinion on sufficient facts or data.
- 03Use reliable principles and methods, including known or potential error rates where available.
- 04Show the opinion reflects a reliable application of the method to the case facts, without overstating certainty.
03 / Records
Records to keep
- 01Expert report describing data, method, and error rate
- 02Validation studies or benchmarks for any AI tool relied on
- 03Versioned inputs, settings and outputs allowing reproduction
- 04Record of limits and uncertainty stated in the opinion
Optional evidence · where Planisphere fits
Keep a record anyone can check
When your team meets a duty, Planisphere can seal the event it reports as a receipt.
A disclosure shown, a review signed, a model change approved: the event your system reports.
The event becomes a sealed receipt, dated and attributed to whoever is signed in.
Paste the receipt into Verify. No account or key.
A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.
SOURCES
Go back to the source
Administrative Office of the U.S. Courts
Legal Information Institute (Cornell)
RELATED
Related: FRE 702: the full guide · Does AI output have to meet FRE 702 reliability standards?