We at SEAK are often asked by new experts should I get some expert witness training before accepting cases. The short answer is yes. As an expert witness you will be expected by counsel who is retaining you to be conversant and familiar with many aspects of expert witness practice. Technically, anyone can usually be [...]
The state of Wyoming follows the Daubert test for the admissibility of expert witness testimony. Wise v. Ludlow, 346 P.3d 1 (Wyo. 2015). Under this test, the court should ensure that expert testimony is reliable and “fits the facts of the particular case.” Id. Additionally, the focus of this test is on the “methodology or [...]
The state of Wisconsin follows the Daubert test for the admissibility of expert witness testimony. State v. Giese, 854 N.W.2d 687 (Wis. Ct. App. 2014). This rule finds expert witness testimony admissible if it is “based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has [...]
The state of West Virginia follows the Daubert test for the admissibility of expert witness testimony. San Francisco v. Wendy’s Intern., Inc., 656 S.E.2d 734 (W. Va. 2007). Under this test, the court asks: “(1) is the witness an expert; and, if so, (2) is the expert’s testimony relevant and reliable?” Id. To determine this, [...]
The district of Washington, D.C. follows the Frye test for the admissibility of expert witness testimony. Jones v. U.S., 27 A.3d 1130 (D.C. Cir. 2011). Under this test, expert testimony is not admissible unless it has “gained general acceptance in the particular field in which it belongs.” Id. However, general acceptance “does not require unanimous [...]
The state of Utah does not follow the Daubert or Frye for the admissibility of expert witness testimony, but instead follows the Rimmasch test. Haupt v. Heaps, 131 P.3d 252 (Utah Ct. App. 2005). The Rimmasch test focuses on the reliability of the expert’s testimony, particularly in cases where the expert utilized “novel scientific principles [...]
The state of Tennessee follows the Daubert test for expert witness admissibility. Dubois v. Haykal, 165 S.W.3d 634 (Tenn. Ct. App. 2004). Under this test, the trial court should determine whether an expert’s testimony is reliable based on five factors. Id. The factors are: “(1) whether scientific evidence has been tested and the methodology with [...]
The state of South Dakota follows the Daubert test for the admissibility of expert witness testimony. State v. Lemler, 774 N.W.2d 272 (S.D. 2009). The purpose of this test is to ensure that expert testimony is reliable before it is admitted. Id. Under this test, courts should analyze: “(1) whether the theory or technique in [...]
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 [...]
The state of Rhode Island follows the Daubert test for the admissibility of expert witness testimony. Morabit v. Hoag, 80 A.3d 1 (R.I. 2013). Under this test, the court should consider four factors when evaluating the admissibility of expert testimony. Id. However, these factors are “nonexclusive” and should be used to help the court guide [...]