Expert Witness Blog

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

The state of Vermont follows the Daubert test for the admissibility of expert witness testimony. USGen New England, Inc. v. Town of Rockingham, 862 A.2d 269 (Vt. 2004). Under this test, the court should analyze four factors to determine if expert testimony is admissible. Id. The factors are: “(1) whether the scientific technique or methodology involved can be tested; (2) whether the technique or methodology has been subjected to peer review and publication; (3) the known or potential rate of error particular to the technique or methodology; and (4) whether the technique or methodology has been generally accepted in the scientific community.” Id. This test is not exhaustive, and courts should utilize these factors to help analyze the expert’s testimony and then determine if it should be admissible or not. Id. The focus of the court’s inquiry under Daubert should be on the expert’s methods used to reach its conclusions and not on the conclusions the expert testifies to. Id.

Download SEAK’s: 247 Sample Deposition Questions for Expert Witnesses

Search for Expert Witnesses

Search the SEAK Expert Witness Directory.




Keep reading

More from the Expert Witness Blog

October 1, 2025

Psychology Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychology expert witness you might wonder what types of cases you may be asked to work on. Below are 10 examples of cases where a psychologist may be needed as an expert witness. Examples of cases where a psychologist might serve as an expert witness: Personal injury

Read more
September 22, 2025

Psychiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 15 examples of cases where a psychiatrist may be needed as an expert witness. Examples of cases where a psychiatrist might serve as an expert witness: Will contests

Read more
September 22, 2025

Podiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a podiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 18 examples of cases where a podiatrist may be needed as an expert witness. Examples of cases where a podiatrist might serve as an expert witness: Medical malpractice

Read more