Read the full stored bill text
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE RESOLUTION 371
Introduced by Cavanaugh, J., 9.
PURPOSE: The purpose of this resolution is to propose an interim study to
determine whether Nebraska should amend the rules of evidence to mirror federal
changes to the admissibility of expert testimony.
Nebraska, like most states, has modeled its rules of evidence after the
Federal Rules of Evidence. Federal Rule of Evidence 702 governs the
admissibility of expert testimony, requiring that a witness who is qualified as
an expert by knowledge, skill, experience, training, or education may testify
if their scientific or technical knowledge helps the trier of fact.
On December 1, 2023, an amendment to Federal Rule of Evidence 702 went
into effect for the federal courts. The amendment clarifies that when it comes
to the admissibility of expert testimony, that the proponent must prove, by a
preponderance of evidence, that the testimony is based on sufficient facts and
reliable methods and that the opinion of the expert reflects a reliable
application of the principles and methods to the facts of the case.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE HUNDRED NINTH
LEGISLATURE OF NEBRASKA, SECOND SESSION:
1. That the Judiciary Committee of the Legislature shall be designated to
conduct an interim study to carry out the purposes of this resolution.
2. That the committee shall upon the conclusion of its study make a report
of its findings, together with its recommendations, to the Legislative Council
or Legislature.
LR371
2026
LR371
2026
-1-