Del. R. Evid. 702

As amended through December 15, 2023

Rule 702 - Testimony by Expert Witnesses

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the case.

Del. R. Evid. 702

Amended November 28, 2017, effective 1/1/2018.

Comment

D.R.E. 702 was amended in 2001 to track F.R.E. 702 in effect on December 31, 2000.

D.R.E. 702 is consistent with the United States Supreme Court's decisions in Kumho Tire Co., Ltd v. Carmichael, 526 U.S. 137 (1999) and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). See also M.G. Bancorporation, Inc. v. LeBeau, Del. Supr., 737 A.2d 513 (1999) (adopting Kumho Tire and Daubert as the correct interpretation of D.R.E. 702 ), Nelson v. State, Del. Supr., 628 A.2d 69 (1993).

D.R.E. 702 was amended in 2017 in response to the 2011 restyling of the Federal Rules of Evidence. The amendment is intended to be stylistic only. There is no intent to change any result in ruling on evidence admissibility.