In re Proposed Amendments to Ohio Rule of Evidence 702
On July 1, 2024, proposed changes to Ohio Rule of Evidence 702 took effect. The amendment adds a preponderance of the evidence standard for expert witness qualification, while also requiring that the expert witness’s opinion must reflect a reliable application of the principles and methods to the facts of the case. These changes mirror a recent amendment to the rule’s federal counterpart, Federal Rule of Evidence 702. The rule change was a success for WLF, which filed an October 2023 comment with the Ohio Supreme Court encouraging the court to harmonize the state and federal rules.
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