Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
December 14, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Delaware?
The state of Delaware follows the Daubert test for the admissibility of expert witness testimony. Bowen v. E.I. DuPont de Nemours & Co., Inc., 906 A.2d 787 (Del. 2006). This test focuses on the “principles and methodology” the expert used to reach its conclusions. Id. Under Delaware’s test, the court should apply a five-step analysis to determine the admissibility of
Read moreDecember 13, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Connecticut?
The state of Connecticut follows the Daubert test for the admissibility of expert witness testimony. State v. Porter, 698 A.2d 739 (Conn. 1997). Under this rule, the court should not allow expert testimony until it has determined that the testimony is both “relevant and reliable.” State v. Griffin, 869 A.2d 640 (Conn. 2005). To analyze the relevance and reliability of
Read moreDecember 12, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Alaska?
The state of Alaska follows the Daubert test for the admissibility of expert witness testimony. Thompson v. Cooper, 290 P.3d 393 (Alaska 2012). Alaska courts only apply the Daubert analysis to testimony that is based on “scientific knowledge” and not to expert testimony that is based on an expert’s experience. Id. If the expert’s testimony is “experience-based” it is admissible
Read moreDecember 11, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Colorado?
The state of Colorado follows the Daubert test for the admissibility of expert witness testimony. People v. Prieto, 124 P.3d 842 (Colo. App. 2005). This rule requires that the court focus on the “reliability and relevance of the proffered testimony.” Id. To determine the reliability and relevance of the testimony, the court should consider: “(1) the reliability of the underlying
Read moreDecember 9, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Arkansas?
The state of Arkansas follows the Daubert test for the admissibility of expert witness testimony. Farm Bureau Mut. Ins. Co. of Arkansas, Inc. v. Foote, 14 S.W.3d 512 (Ark. 2000). Under this rule, the court’s main inquiry is whether “the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied
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