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See also Expert opinion and all its subcategories. Rule 702 provides: 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. 


For many years the standard for admissibility of such evidence was the 'general acceptance' test set forth in Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (D.C. Cir. 1923). When the Federal Rules of Evidence were enacted in 1975, a question arose as to whether the 'general acceptance' test had been supplanted by the reliability test articulated in Rule 702. The question was resolved in three cases decided by the Supreme Court. Daubert v. Merrell Dow Pharms., 509 U.S. 579, 125 L. Ed. 2d 469, 113 S. Ct. 2786 (1993); GE v. Joiner, 522 U.S. 136, 139 L. Ed. 2d 508, 118 S. Ct. 512 (1997); Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 143 L. Ed. 2d 238, 119 S. Ct. 1167 (1999). These cases are commonly referred to as the ...

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