Business interests and lawyers who represent them are urging that New Jersey discard its 22-year-old rule governing the admission of expert testimony and replace it with the more stringent federal standard.

They contend that New Jersey's less exacting rule has made it a magnet for lawsuits by out-of–state plaintiffs, that the rule is unclear and that if the so-called Daubert standard used by the federal courts and the majority of other states was adopted here, judges would be able to draw on the vast body of case law interpreting it.

John Kearney of Ballard Spahr in Cherry Hill, a longtime civil defense lawyer, told the subcommittee that by aligning Rule 702 with Daubert, judges would benefit from the large body of Daubert case law and the Federal Judicial Center's Manual for Complex Litigation. There would also be a consistent rule on expert admissibility "that was not dependent on whether you were in the Camden County courthouse at Fourth and Market or at the federal courthouse just a few blocks away," he wrote.

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