Expert Witness Blog

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

November 23, 2017

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

The state of Illinois follows the Frye test for the admissibility of expert witness testimony. Donnellan v. First Student, Inc., 891 N.E.2d 463 (Ill. App. Ct. 2008). Under the Frye test, expert witness testimony is admissible if “the methodology underlying the opinion is ‘sufficiently established to have gained general acceptance in the particular field in which it belongs.’” Id. This

November 22, 2017

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

The state of Georgia follows the Daubert test for the admissibility of expert witness testimony. Webster v. Desai, 699 S.E.2d 419 (Ga. Ct. App. 2010). Under this rule, expert testimony is admissible if it is “relevant and reliable.” This means the following must be true: “(1) the testimony is based upon sufficient facts or data which are or will be

November 21, 2017

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

The state of Florida follows the Frye test for the admissibility of expert witness testimony. Holy Cross Hospital, Inc. v. Marrone, 816 So.2d 1113 (Fla. Dist. Ct. App. 2001). Under the Frye test, pure opinion testimony from an expert witness is not admissible. Id. To allow expert witness testimony, said testimony must be deduced from a “principle of discovery” that

November 18, 2017

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

The state of New York follows the Frye test for expert witness admissibility. State v. David D., 37 N.Y.S.3d 685 (N.Y. App. Div. 2016). Under this test, for evidence to be admissible it must be “generally accepted as reliable by the relevant scientific community.” Id. To determine if the evidence is generally accepted, the court analyzes whether the expert has

November 17, 2017

Is Daubert or Frye used for expert witness admissibility in California?

The state of California follows the Frye test for expert witness admissibility. People v Buell, 16 Cal.App.5th 682 (Cal. Ct. App. 2017). This test provides that admissibility of expert witness testimony regarding the expert’s testing is reliant on the “reliability of scientific testing and its scientific basis.” Id. There is a two-step process in California. Id. The first step analyzes

November 13, 2017

Expert Witness Sample Jury Instructions in Wyoming

Jury instructions regarding expert witnesses in Wyoming are not readily accessible in jury instruction handbooks as jury instructions in other states are. However, case law provides insight as to what the jury is instructed in Wyoming in regard to expert witnesses. First, expert witnesses are allowed to testify as to their opinion on the case at hand as long as

November 12, 2017

Expert Witness Sample Jury Instructions in Wisconsin

Jury instructions regarding expert witnesses in Wisconsin are outlined in Wisconsin’s Jury Instructions, §1:12 instruction number 7. WIS. PRACTICE SERIES, ELEMENTS OF AN ACTION § 1:12 (2017). This rule instructs the jury that expert witnesses can testify to their opinions on the matter at hand. Id. The rule tells the jury that it is to evaluate the witness’s “qualifications and

November 11, 2017

Expert Witness Sample Jury Instructions in West Virginia

Jury instructions regarding expert witnesses in West Virginia are outlined in the Jury Instructions for Virginia and West Virginia, § 41-112. W. VA. JURY INSTR. § 41-112 (2016). This rule instructs the jury that experts have a specific area of skill that they are permitted to testify to. Id. The jury is to “consider the testimony of these witnesses” and

November 10, 2017

Expert Witness Sample Jury Instructions in Washington

Jury instructions regarding expert witnesses in Washington are outlined in Washington’s Pattern Jury Instructions, Civil Rule 2.10. Wash. Prac. Pattern Jury Instr. Civil 2.10 (2013). This rule is not mandatory when there is expert testimony, but if requested by a party the court should read the instruction specifically pertaining to expert witnesses. Id. The instruction regarding expert witnesses instructs the

November 9, 2017

Expert Witness Sample Jury Instructions in Virginia

Jury instructions regarding expert witnesses in Virginia are outlined in Virginia’s Practice Jury Instructions §3:8. VA. PRAC. JURY INSTR. §3:8 (2017). These rules provide that when there is “serious conflict in the evidence” the jury must be instructed that it is responsible for determining how much weight to give each witness and which witnesses to believe. Id. However, the jury