steve

/Steve Babitsky

About Steve Babitsky

Steven Babitsky, Esq. is the President and founder of SEAK, Inc., the Expert Witness Training Company. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies and has worked with numerous experts to help them expand and grow their practices. Mr. Babitsky is the co-author of the texts How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness, How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing, How to Write an Expert Witness Report, and How to Market Your Expert Witness Practice Evidence-Based Practices. Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. Mr. Babitsky trains hundreds of experts every year. He may be contacted at 508-548-9443 or stevenbabitsky@seak.com.

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

The state of Oregon follows the Daubert test for the admissibility of expert witness testimony. State v. Trujillo, 353 P.3d 609 (Or. Ct. App. 2015). Under this test, there are three considerations that must be met: “(1) the witness’s qualification as an expert, (2) helpfulness of the expert’s testimony, and (3) an adequate foundation for [...]

By |2018-01-04T07:07:41+00:00January 4th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Oregon?

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

The state of Oklahoma follows the Daubert test for the admissibility of expert witness testimony. Scruggs v. Edwards, 154 P.3d 1257 (Okla. 2007). Under this test, the court should ask four questions to help determine the admissibility of expert testimony. Id. The four questions are: “1. Can the expert’s theory or technique be, or has [...]

By |2018-01-03T06:40:20+00:00January 3rd, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Oklahoma?

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

The state of New Mexico follows the Daubert-Alberico test for the admissibility of expert witness testimony. Parkhill v. Alderman-Cave Milling and Grain Co. of New Mexico, 245 P.3d 585 (N.M. Ct. App. 2010). The Alberico portion of the test has three requirements: “(1) experts must be qualified; (2) their testimony must assist the trier of [...]

By |2018-01-01T07:34:32+00:00January 1st, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in New Mexico?

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

The state of New Hampshire follows the Daubert test to determine the admissibility of expert witness testimony. Baker Valley Lumber, Inc. v. Ingersoll-Rand Co., 813 A.2d 409 (N.H. 2002). The focus of this test is on the methodology used by the expert and not on the conclusions the expert testifies to. Id. Under this test, [...]

By |2017-12-31T12:56:41+00:00December 31st, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in New Hampshire?

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

The state of Nevada does not follow either the Daubert or Frye test for the admissibility of expert witness testimony. Higgs v. State, 222 P.3d 648 (Nev. 2010). Instead, Nevada follows its state statute, N.R.S. 50.275, and utilizes Daubert as persuasive authority. Id. The statute reads that if scientific or technical testimony will help the [...]

By |2017-12-30T06:37:05+00:00December 30th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Nevada?

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

The state of Nebraska follows the Daubert test for the admissibility of expert witness testimony. State v. Mason, 709 N.W.2d 638 (Neb. 2006). This test is only applicable in situations where the expert’s testimony “involves scientific or specialized knowledge.” Id. The overall purpose of this test is to perform an “assessment whether the reasoning or [...]

By |2017-12-29T06:26:13+00:00December 29th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Nebraska?

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

The state of Montana follows the Daubert test for the admissibility of expert witness testimony. State v. Southern, 980 P.2d 3 (Mont. 1999). This test focuses on the reliability of an expert’s testimony. Id. Under this test, there are four factors that the court should use to help determine whether the expert’s testimony is admissible, [...]

By |2017-12-28T06:43:07+00:00December 28th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Montana?

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

The state of Missouri does not follow either the Daubert or Frye tests for expert witness admissibility. Bailey v. Cameron Mut. Ins. Co., 122 S.W.3d 599 (Mo. Ct. App. 2003). Instead, Missouri follows the state statute regarding the admissibility of expert witness testimony, which is § 490.065 of Missouri’s Rules of Evidence. Mo. Ann. Stat. [...]

By |2017-12-27T06:25:40+00:00December 27th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Missouri?

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

The state of Mississippi follows the Daubert test for the admissibility of expert witness testimony. Investor Resource Services, Inc. v. Cato, 15 So.3d 412 (Miss. 2009). This test is focused on establishing the reliability of the expert’s testimony. Id. Under this test, the party offering the expert’s testimony must show that the expert’s testimony is [...]

By |2017-12-26T06:40:19+00:00December 26th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Mississippi?

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

The state of Minnesota follows the Frye-Mack test for the admissibility of expert witness testimony. State v. Hull, 788 N.W.2d 91 (Minn. 2010). This test has two prongs that must be passed before expert testimony can be admitted. Id. The first prong is “whether experts in the field widely share the view that the results [...]

By |2017-12-25T10:01:28+00:00December 25th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Minnesota?