Expert Witness Blog

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

November 30, 2017

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

The state of Ohio follows the Daubert test for the admissibility of expert witness testimony. Watkins v. Affinia Group, 54 N.E.3d 174 (Ohio Ct. App. 2016). This test requires that in order for an expert’s testimony to be admissible it must meet three requirements. Id. The expert’s testimony must be: “(1) based upon sufficient facts or data, (2) the testimony

November 29, 2017

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

The state of New Jersey follows the Frye test for the admissibility of expert witness testimony. State v. Stubblefield, 162 A.3d 1074 (N.J. Super. Ct. App. Div. 2017). Under this test, expert witness testimony is admissible if the tests “are shown to be generally accepted, within the relevant scientific community, [and] to be reliable. Id. There are three additional requirements

November 28, 2017

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

The state of Michigan follows the Daubert test for the admissibility of expert witness testimony. Chapin v. A&L Parts, Inc., 733 N.W.2d 23 (Mich. 2007). In order for expert testimony to be admissible the court must find that it is reliable. Id. This requires the court to conduct “a searching inquiry, not just of the data underlying expert testimony, but

November 27, 2017

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

The state of Arizona follows the Daubert test for the admissibility of expert witness testimony. Lear v. Fields, 245 P.3d 911 (Ariz. Ct. App. 2011). Under this test, expert testimony must be “(1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.” Id. To determine if these two factors are met,

November 24, 2017

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

The state of North Carolina follows the Daubert test for the admissibility of expert witness testimony. State v. McGrady, 787 S.E.2d 1 (N.C. 2016). This rule requires that to be admissible, all expert witness testimony must be relevant and reliable. Id. Determining the relevance and reliability starts with assessing “whether the reasoning or methodology underlying the testimony is scientifically valid”

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