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Issues, Tools and Publications Evidentiary Rules for Expert Testimony Several amendments to the Federal Rules of Evidence, December 1, 2001, tighten the requirements for admissibility of expert testimony: Rule 702 --Testimony by Experts Amendments to Rule 702 attempt to codify the U.S. Supreme Court's decisions in Daubert and Kumho Tire. The amendment specifies that Rule 702 is not limited to scientific evidence, but extends to expert testimony based on technical or other specialized knowledge. It also clarifies that trial judges, in determining the reliability of expert testimony, should consider not only the principles and methods applied by the expert, but also whether the expert has "applied the principles and methods reliably to the facts of the case." The amendment doesn't attempt to codify Daubert's list of factors for determining admissibility, but a Committee Note acknowledges that trial judges should consider those factors and that the list is nonexclusive. Rule 703 --Bases of Opinion Testimony by Experts. This rule permits an expert witness to base his or her opinion on inadmissible evidence. The amendment clarifies that otherwise inadmissible evidence isn't rendered admissible by an expert's reliance on it, unless the court finds that admitting it would assist the jury and that its probative value would substantially outweigh its prejudicial effect. Rule 701 --Opinion Testimony by Lay Witnesses Rule 701 permits a witness not testifying as an expert to offer opinions if they are "rationally based on the perception of the witness" and "helpful to a clear understanding of the witness testimony or the determination of a fact in issue." The amendment further limits lay testimony to opinions "not based on scientific, technical, or other specialized knowledge within the scope of Rule 702."  The amendment is intended to prevent a party from evading Rule 702's reliability requirements, as well as expert disclosure requirements, simply by characterizing an expert as a "lay witness."