Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
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
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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)
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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
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