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Pretrial / scheduling · Daubert

Motion to Exclude Expert Testimony

Asks the court to exclude unreliable or unhelpful expert opinions before trial.

Governing rule
Fed. R. Evid. 702
Read the rule

What it is

A request to keep an expert witness opinion out of evidence because the expert is unqualified, the methodology is unreliable, the opinion does not fit the issues, or the testimony would not help the factfinder.

When it's used

Filed after expert disclosures and depositions, usually before summary judgment or trial. Parties use it to challenge scientific, technical, medical, financial, engineering, and industry opinions.

What the other side does

The proponent defends the expert qualifications, data, methods, application, and helpfulness. It may submit declarations, deposition excerpts, studies, or a request for a Daubert hearing.

Common outcomes

The court may exclude the expert entirely, limit particular opinions, deny the motion, or hold a hearing. Exclusion can make a claim or defense impossible to prove.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.