Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.

December 8, 2017

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

Depending on the subject of the expert’s testimony, the state of Alabama follows either the Daubert or Frye test for the admissibility of expert witness testimony. Thompson v. State, 153 So.3d 84 (Ala. Crim. App. 2012). Alabama courts apply the Frye test in cases where the expert witness is either a medical or scientific expert. Id. In these situations, the

December 4, 2017

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

The state of Washington follows the Frye test for the admissibility of expert witness testimony. In re Detention of Pettis, 352 P.3d 841 (Wash. Ct. App. 2015). Under this test, expert witness testimony is admissible if “(1) the scientific theory or principles upon which the evidence is based has gained general acceptance in the relevant scientific community of which it

December 3, 2017

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

The state of Virginia does not follow either the Frye or Daubert tests for the admissibility of expert witness testimony. Instead, Virginia follows its own set of rules and precedent. VA. CODE ANN. § 8.01-401.1 (West 2013). This statute allows expert witness testimony to be admissible if the expert is “render[ing] an opinion or draw[ing] inferences from facts, circumstances or

December 2, 2017

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

The state of Texas follows the Daubert test for the admissibility of expert witness testimony. Ashby v. State, 527 S.W.3d 356 (Tex. Ct. App. 2017). To admit expert testimony, the expert testimony must pass a three-step test. Id. First, the expert must qualify “as an expert by reason of his knowledge, skill, experience, training, or education.” Id. Second, “the subject

December 1, 2017

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

The state of Pennsylvania follows the Frye test for the admissibility of expert witness testimony. Cummins v. Rosa, 846 A.2d 148 (Pa. 2004). Under this test, the court analyzes whether the methodology used by the expert is “generally accepted by the relevant scientific community.” Id. This test does not analyze or specify the weight to be given to specific testimony,

November 30, 2017

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

The state of Ohio follows the Daubert test for the admissibility of expert witness testimony. Watkins v. Affinia Group, 54 N.E.3d 174 (Ohio Ct. App. 2016). This test requires that in order for an expert’s testimony to be admissible it must meet three requirements. Id. The expert’s testimony must be: “(1) based upon sufficient facts or data, (2) the testimony

November 29, 2017

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

The state of New Jersey follows the Frye test for the admissibility of expert witness testimony. State v. Stubblefield, 162 A.3d 1074 (N.J. Super. Ct. App. Div. 2017). Under this test, expert witness testimony is admissible if the tests “are shown to be generally accepted, within the relevant scientific community, [and] to be reliable. Id. There are three additional requirements

November 28, 2017

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

The state of Michigan follows the Daubert test for the admissibility of expert witness testimony. Chapin v. A&L Parts, Inc., 733 N.W.2d 23 (Mich. 2007). In order for expert testimony to be admissible the court must find that it is reliable. Id. This requires the court to conduct “a searching inquiry, not just of the data underlying expert testimony, but

November 27, 2017

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

The state of Arizona follows the Daubert test for the admissibility of expert witness testimony. Lear v. Fields, 245 P.3d 911 (Ariz. Ct. App. 2011). Under this test, expert testimony must be “(1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.” Id. To determine if these two factors are met,

November 24, 2017

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

The state of North Carolina follows the Daubert test for the admissibility of expert witness testimony. State v. McGrady, 787 S.E.2d 1 (N.C. 2016). This rule requires that to be admissible, all expert witness testimony must be relevant and reliable. Id. Determining the relevance and reliability starts with assessing “whether the reasoning or methodology underlying the testimony is scientifically valid”