The Oklahoma Bar Journal January 2024

ABOUT THE AUTHORS

ENDNOTES 1. Supreme Court of the United States, Order (April 24, 2023), https://bit.ly/49XaW9F. 2. While not identical to Rule 702, 12 O.S. §2702, like most provisions of the Oklahoma Evidence Code, is modeled on the Federal Rules of Evidence. In present form, 12 O.S. §2702 provides as follows: 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 in the form of an opinion or otherwise, if: 1. The testimony is based upon sufficient facts or data; 2. The testimony is the product of reliable principles and methods; and 3. The witness has applied the principles and methods reliably to the facts of the case. 3. Comm. on Rules of Prac. & Proc., Report of the Advisory Committee on Evidence Rules (May 2022), https://bit.ly/47VFtTy. 4. Id . 5. Id . 6. Id . 7. Daubert , 509 U.S. 579, 592, n. 10 (1993). 8. Id . 9. Id . 10. “One federal court has stated that the proponent of an expert’s testimony bears the burden of satisfying the test for admissibility of evidence. ‘The proponent need not prove that the expert’s testimony is correct, but she must prove by a preponderance of the evidence that the that

the testimony is reliable.’” Christian , at ¶23, at 603 (citing Moore v. Ashland Chem. Inc ., 151 F.3d 269, 276 (5th Cir. 1998, en banc)). 11. Sardis v. Overhead Door Corporation , 10 F.4th 468, 283 (4th Cir. 2021); see also , In re Anderson , No. 15-21681, 2023 WL 2229355, at *3 (W.D. Tenn. Jan. 20, 2023) (taking the position that the revised Rule 702 acts to clarify how the rule should have been applied all along); Al Qari v. Am. Steamship Co ., No. 21-cv-10650, 2023 WL 5202311, at *4 (E.D. Mich. Aug. 14, 2023) (asserting the changes “are not substantive, but rather clarify how the Rule was meant to be applied since it was first amended in 2000”).

Timothy F. Campbell is an attorney at the Oklahoma City office of Hall Booth Smith PC. Mr. Campbell’s practice focuses on

medical malpractice defense as well as insurance coverage disputes. He is a 2011 graduate of the OCU School of Law. Anamayan Narendran is an attorney at the focuses on aging services, business transactions, general liability, health care, insurance coverage, labor and employment, medical malpractice, premises liability, and professional malpractice and ethics matters. He is a 2021 graduate of the OU College of Law and a 2018 graduate of the University of Arizona. Oklahoma City office of Hall Booth Smith PC. Mr. Narendran’s practice

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL