Updated Evidence Rule Warns Judges Against Junk Science

Changes to a new federal rule of evidence will go into effect on Friday, reminding judges that they should be extra vigilant about not allowing “junk science” from expert witnesses to reach juries.

The tweaks to Federal Rule of Evidence 702 itself are minimal, with only two changes to its wording. But an attached committee note sends a clearer message: Judges should not let expert analysis that doesn’t reach a certain standard through to juries. “Judicial gatekeeping is essential,” the note reads.

“I just think it’s sort of a reminder – judges, this is your job,” said Jules Epstein, a ...