Rule 702 frames trial court evaluation of testimony, which is critical to jury trial integrity, Danhoff v. Fahim (Michigan)

Trial Courts Must Serve as Gatekeepers of Expert Testimony to Preserve Jury Trial Integrity

LCJ’s recent amicus brief to the Michigan Supreme Court argues that Michigan Rule of Evidence 702 requires trial courts to act as gatekeepers to prevent junk science from reaching juries. In Danhoff v. Fahim, LCJ explains that courts’ gatekeeping role is critical to preserving the integrity of jury trials. As with the newly amended Federal Rule of Evidence 702, Michigan Rule of Evidence 702 provides legal standards that courts must follow.

LCJ’s brief highlights that Michigan Rule of Evidence 702 requires the proponents of expert evidence to show that proffered experts will testify only to opinions arising from reliable principles and methods applied to record facts. This is particularly important where a highly credentialed and persuasive expert witness relies on methodology or principles that are unreliable. The amicus brief highlights the basis and rationale for the trial court’s role.

The brief, found here, was prepared for LCJ by Mary Massaron of Plunkett Cooney on January 2, 2024.