Publication Date


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Survey Article


In its 2023 term, the United States Court of Appeals for the Eleventh Circuit focused heavily on the role and admissibility of expert testimony under Rules 702–704 of the Federal Rules of Evidence. For example, in two opinions, the court considered the role of an expert’s qualifications and experience in supporting the admissibility of the expert’s opinions. In another case, they analyzed the scope of an expert’s ability to opine on an ultimate issue in a criminal case. The court also considered the role of lay witness opinion testimony compared to that of a retained expert and the admissibility of evidence often associated with expert testimony, such as the use of demonstrative evidence and similar incident evidence used by experts to form their opinions. The court also refined its analysis on the prohibition of character evidence under Rule 404 and addressed a case of first impression in the Eleventh Circuit on the admissibility of prior convictions under Rule 609.

This Survey summarizes all of these rulings and provides the practitioner with a concise overview of the most important developments on the law of evidence.

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