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2 wrz 2014 · Rule 702 is a modified version of its federal counterpart. The revised rule applies existing case law that requires expert testimony based upon novel scientific theories to be evaluated by the trial court exercising its "gatekeeper" function. See Syllabus point 2, Harris v. CSX Transportation, 232 W.Va. 617, 753 S.E.2d 275 (2013). Rule 703.
31 sty 2024 · Rule 702 - Testimony by Expert Witnesses. (a) 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.
The Court specified that the Federal Rules of Evidence, specifically 702, provide the appropriate limits on the admissibility of allegedly scientific evidence by assigning the trial judge the task of ensuring that an expert’s testimony be both reliable and relevant.
The Supreme Court of Appeals of West Virginia amended the West Virginia Rules of Evidence (“Rules”), effective September 2, 2014, by Order dated June 2, 2014.1 The majority of the Rules have undergone amendment to align in form and organization with the Federal Rules of Evidence.
The West Virginia Supreme Court has held “the provisions of the Rules of Evidence governing testimony by experts is paramount authority for determining whether or not an expert witness is qualified to give an opinion.”
Under Federal Rule 702, persons that are qualified as experts based on knowledge, skill, experience, training, or education are permitted to offer expert opinion testimony if the following conditions have been met:
10 cze 2015 · Expert witness testimony is governed by Rule 702 of the West Virginia Rules of Evidence. Rule 702 provides, in relevant part, “[i]f 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 ...
