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The Ninth Circuit Court of Appeals Has Held That A Trial Court Impermissibly Abdicates Its Gatekeepi

The Ninth Circuit court of appeals held last week that the trial court impermissibly abdicated its gatekeeping function in admitting expert testimony without first finding it to be reliable. (See, United States v. Ruvalcaba-Garcia (9th Cir.) May 10, 2019, 17-50288.) The court of appeals ruled that before admitting expert testimony into evidence, a district court must first ensure that the testimony is both “relevant” and “reliable” under Rule 702.

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