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 [...]
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 [...]
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 [...]
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 [...]
The state of Rhode Island follows the Daubert test for the admissibility of expert witness testimony. Morabit v. Hoag, 80 A.3d 1 (R.I. 2013). Under this test, the court should consider four factors when evaluating the admissibility of expert testimony. Id. However, these factors are “nonexclusive” and should be used to help the court [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]