One more post on Open Source Tools and DF in court.

Email from the professor this morning (Emphasis added by professor):

We also had some discussion regarding tool acceptance in court.  I wanted to provide some additional detail on this.  Remember its the testimony of the witness that is being accepted.  *Disclaimer I am not an attorney* Rule 702 of the Federal Rules of Evidence (FRE) say the following:

Rule 702. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the case.


While several FRE rules discuss acceptance of evidence (Rules 401-404) and testimony( Article VI  and Article VII) 702 explains much. …  Michigan’s Rules of Evidence follows the FRE closely.

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