Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
March 3, 2020
The Defense Bar Urges Tightening Daubert Rule Enforcement
By Steven Babitsky, Esq. The defense organization Lawyers for Civil Justice has urged that the advisory committee on evidence rules and its subcommittee on rule 702 amendments the “reform” of a Daubert Enforcement. Specifically, this powerful and influential group called for the following: We urge you to move forward with an amendment to rule 702 that would remedy the inconsistency
Read moreAugust 23, 2019
Tips from the Bench for Expert Witnesses
Judge Susan Burke, writing for SEAK, offers the following tips for expert witnesses: 1. Highlight Your Relevant Qualifications • Do not ramble on about every residency, professional association, honor, and peer reviewed article. • Focus on relevant experience. • Include memorable experience if possible. • The goal is to demonstrate to the jury that you are so knowledgeable you cannot
Read moreJanuary 16, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Wyoming?
The state of Wyoming follows the Daubert test for the admissibility of expert witness testimony. Wise v. Ludlow, 346 P.3d 1 (Wyo. 2015). Under this test, the court should ensure that expert testimony is reliable and “fits the facts of the particular case.” Id. Additionally, the focus of this test is on the “methodology or technique” used by the expert
Read moreJanuary 15, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Wisconsin?
The state of Wisconsin follows the Daubert test for the admissibility of expert witness testimony. State v. Giese, 854 N.W.2d 687 (Wis. Ct. App. 2014). This rule finds expert witness testimony admissible if it is “based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods
Read moreJanuary 13, 2018
Is Daubert or Frye used for expert witness testimony admissibility in West Virginia?
The state of West Virginia follows the Daubert test for the admissibility of expert witness testimony. San Francisco v. Wendy’s Intern., Inc., 656 S.E.2d 734 (W. Va. 2007). Under this test, the court asks: “(1) is the witness an expert; and, if so, (2) is the expert’s testimony relevant and reliable?” Id. To determine this, the court analyzes whether the
Read moreJanuary 12, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Washington, D.C.?
The district of Washington, D.C. follows the Frye test for the admissibility of expert witness testimony. Jones v. U.S., 27 A.3d 1130 (D.C. Cir. 2011). Under this test, expert testimony is not admissible unless it has “gained general acceptance in the particular field in which it belongs.” Id. However, general acceptance “does not require unanimous approval.” Id. Once a specific
Read moreJanuary 10, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Utah?
The state of Utah does not follow the Daubert or Frye for the admissibility of expert witness testimony, but instead follows the Rimmasch test. Haupt v. Heaps, 131 P.3d 252 (Utah Ct. App. 2005). The Rimmasch test focuses on the reliability of the expert’s testimony, particularly in cases where the expert utilized “novel scientific principles or techniques” to reach its
Read moreJanuary 9, 2018
Is Daubert or Frye used for expert witness testimony admissibility in Tennessee?
The state of Tennessee follows the Daubert test for expert witness admissibility. Dubois v. Haykal, 165 S.W.3d 634 (Tenn. Ct. App. 2004). Under this test, the trial court should determine whether an expert’s testimony is reliable based on five factors. Id. The factors are: “(1) whether scientific evidence has been tested and the methodology with which it has been tested;
Read moreJanuary 8, 2018
Is Daubert or Frye used for expert witness testimony admissibility in South Dakota?
The state of South Dakota follows the Daubert test for the admissibility of expert witness testimony. State v. Lemler, 774 N.W.2d 272 (S.D. 2009). The purpose of this test is to ensure that expert testimony is reliable before it is admitted. Id. Under this test, courts should analyze: “(1) whether the theory or technique in question can be (and has
Read moreJanuary 6, 2018
Is Daubert or Frye used for expert witness testimony admissibility in South Carolina?
The state of South Carolina has not adopted the Daubert test for the admissibility of expert witness testimony, but the analysis that the court uses is very similar to the Daubert test. State v. White, 642 S.E.2d 607 (S.C. Ct. App. 2007). Under this test, expert witness testimony will only be admitted once four factors are considered. Id. The factors
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