Expert Witness Blog

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

December 24, 2017

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

The state of Massachusetts follows the Daubert test for expert witness admissibility. Com v. DiCicco, 25 N.E.3d 859 (Mass. 2015). This test applies to expert testimony that involves “conclusions based on personal observation or clinical experience.” Id. Under this test, in order for expert testimony to be admissible, the expert’s testimony has to “have a reliable basis in the knowledge

December 23, 2017

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

The state of Maryland follows the Frye test for expert witness admissibility. Savage v. State, 166 A.3d 183 (Md. 2017). This test requires that for expert testimony to be admissible the underlying “basis of that opinion must be shown to be generally accepted as reliable within the expert’s particular scientific field.” Id. If an expert’s testimony is based on new

December 22, 2017

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

The state of Maine does not follow the Daubert or Frye test for the admissibility of expert witness testimony, but instead follows the Williams test. State v. Bickart, 963 A.2d 183 (Me. 2009). This test requires that the court find the expert’s testimony to be “sufficiently reliable to be held relevant.” Id. To determine this, the court should analyze: “(1)

December 21, 2017

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

The state of Louisiana follows the Daubert test for the admissibility of expert witness testimony. State v. Francois, 134 So.3d 42 (La. Ct. App. 2014). Under this test, the court should consider: “(1) whether the theory or technique can be and has been tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) the

December 20, 2017

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

The state of Kentucky follows the Daubert test for the admissibility of expert witness testimony. City of Owensboro v. Adams, 136 S.W. 446 (Ky. 2004). Under this test the court should consider: “ (1) whether the theory or technique can be or has been tested; (2) whether it has been subjected to peer review or publication; (3) whether there is

December 19, 2017

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

The state of Kansas follows the Frye tests for the admissibility of expert witness testimony. In re Girard, 294 P.3d 236 (Kan. 2013). Under this test, the party offering the expert’s testimony must show “that the basis of a scientific opinion is generally accepted as reliable within the expert’s particular scientific field.” Id. In these situations, the expert’s opinion must

December 18, 2017

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

The state of Iowa does not strictly follow the Daubert test for the admissibility of expert witness testimony, but instead the courts are strongly encouraged to consider the Daubert test when determining the admissibility of expert witness testimony. Frank v. GITS Manufacturing, 786 N.W.2d 519 (Iowa Ct. App. 2010). Specifically, the Daubert test is helpful for courts in “complex cases”

December 17, 2017

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

The state of Indiana follows the Daubert test for expert witness admissibility. Turner v. State, 953 N.E.2d 1039 (Ind. 2011). Under this test, expert witness testimony is only admissible if “the scientific principles upon which the expert testimony rests are reliable.” Id. Factors that the courts should consider are whether “(1) the testimony is based upon sufficient facts or data,

December 16, 2017

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

The state of Idaho does not follow either the Daubert or Frye test for the admissibility of expert witness testimony. Clair v. Clair, 281 P.3d 115 (Idaho 2012). Instead, Idaho follows its Rule of Evidence, Rule 702. Id. This statute states that an expert can testify regarding scientific or technical methods if the court finds the expert to be qualified

December 15, 2017

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

The state of Hawaii does not require courts to follow the Daubert test for the admissibility of expert witness testimony, but instead uses it as part of a larger analysis for expert witness testimony. In re Doe, 981 P.2d 723 (Haw. Ct. App. 1999). In Hawaii, the main test for the admissibility of expert witness testimony is a two-part analysis.