Expert Witness Blog

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

January 4, 2018

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 the testimony.” Id. When an

January 3, 2018

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 it been, tested; 2. Has

January 1, 2018

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 fact; and (3) their testimony

December 31, 2017

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, the court should consider: “(1)

December 30, 2017

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 trier of fact, then an

December 29, 2017

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 methodology underlying the testimony is

December 28, 2017

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, although the factors are not

December 27, 2017

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. § 490.065 (West 2017). Under

December 26, 2017

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 “based upon scientific methods and

December 25, 2017

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 of scientific testing are scientifically