Expert Witness Blog

Is Daubert or Frye used for expert witness testimony admissibility in South Carolina?

The state of South Carolina has not adopted the Daubert test for the admissibility of expert witness testimony, but the analysis that the court uses is very similar to the Daubert test. State v. White, 642 S.E.2d 607 (S.C. Ct. App. 2007). Under this test, expert witness testimony will only be admitted once four factors are considered. Id. The factors are: “(1) scientific methodology; (2) peer review; (3) consideration of general acceptance; and (4) the rate of error of a particular technique.” Id. Additionally, the expert must have “acquired by study or practical experience such knowledge of the subject matter of his testimony as would enable him to give guidance and assistance to the jury in resolving a factual issue which is beyond the scope of the jury’s good judgment and common knowledge.” State v. Council, 515 S.E.2d 508 (S.C. 1999). Furthermore, the court can look to whether the expert’s method has “been subjected to peer review and publication”, whether there is “a known potential rate of error”, and whether “standards controlled the techniques and operations.” Id.

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