October 23, 2023

Drew Soshnick Comments on Changes to Federal Rules of Evidence With Business Valuation Law News

In “Changes to Rule 702 Federal Rules of Evidence Now Complete,” Business Valuation Law News turned to business litigation partner Drew Soshnick for his commentary on the U.S. Supreme Court’s adoption of changes to Rule 702 of the Federal Rules of Evidence.

According to the article, changes to Rule 702 relate to testimony by expert witnesses and include altering the “more likely than not” wording to “a preponderance of the evidence.” The changes will go into effect on December 1, 2023.

Soshnick explains that in various opinions, the preponderance of the evidence standard is defined as “to tip the scales,” “the greater weight of the evidence,” “more likely than not,” and so on. He notes that using one of the recognized definitions seems unlikely to change the meaning of the rule, but the application may be a different story.

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