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State Courts Must Be Gatekeepers Of Expert Testimony

The judiciary's vibrancy depends largely on the people's trust and confidence in it.

I served in the state judiciary for 18 years, 13 of which I was Minnesota's chief justice. During my time in the judiciary, I learned firsthand the important role that judges have in building trust and confidence. The processes judges follow and how they make and communicate their decisions play a part. The effectiveness of the jury trial right does as well.

In this article, I will offer state court judges another tool they can use that should help juries function better, and consequently enhance trust and confidence in the justice system. That tool is the effective management of expert testimony, specifically by applying the rigorous gatekeeping standard reflected in Rule 702 of the Federal Rules of Evidence.

LINKS

Read "State Courts Must Be Gatekeepers Of Expert Testimony" by Lorie Skjerven Gildea on the Law360 website. (subscription)

Click the media link below to download a PDF.