Friday, June 10, 2005

No Problem Then

We just got around to looking at Thursday's Washington Post article on the government's efforts, in the pending tobacco litigation, to get its own witnesses on remedies to slash their recommendations on sanctions. You've already heard about this whole controversy by now. What we loved was the article's concluding paragraph:
Legal experts said attempts to change [Matt] Myers's testimony are more troubling, because he was called to establish facts on behalf of the government. Lawyers said that recommending changes to [Michael] Eriksen's testimony would not be improper because, as an expert, he was chosen by the government to provide his opinions.

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Fed. R. Evid. 702: 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 thereto 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.