Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
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”
Read moreDecember 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,
Read moreDecember 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
Read moreDecember 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.
Read moreDecember 14, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Delaware?
The state of Delaware follows the Daubert test for the admissibility of expert witness testimony. Bowen v. E.I. DuPont de Nemours & Co., Inc., 906 A.2d 787 (Del. 2006). This test focuses on the “principles and methodology” the expert used to reach its conclusions. Id. Under Delaware’s test, the court should apply a five-step analysis to determine the admissibility of
Read moreDecember 13, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Connecticut?
The state of Connecticut follows the Daubert test for the admissibility of expert witness testimony. State v. Porter, 698 A.2d 739 (Conn. 1997). Under this rule, the court should not allow expert testimony until it has determined that the testimony is both “relevant and reliable.” State v. Griffin, 869 A.2d 640 (Conn. 2005). To analyze the relevance and reliability of
Read moreDecember 12, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Alaska?
The state of Alaska follows the Daubert test for the admissibility of expert witness testimony. Thompson v. Cooper, 290 P.3d 393 (Alaska 2012). Alaska courts only apply the Daubert analysis to testimony that is based on “scientific knowledge” and not to expert testimony that is based on an expert’s experience. Id. If the expert’s testimony is “experience-based” it is admissible
Read moreDecember 11, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Colorado?
The state of Colorado follows the Daubert test for the admissibility of expert witness testimony. People v. Prieto, 124 P.3d 842 (Colo. App. 2005). This rule requires that the court focus on the “reliability and relevance of the proffered testimony.” Id. To determine the reliability and relevance of the testimony, the court should consider: “(1) the reliability of the underlying
Read moreDecember 9, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Arkansas?
The state of Arkansas follows the Daubert test for the admissibility of expert witness testimony. Farm Bureau Mut. Ins. Co. of Arkansas, Inc. v. Foote, 14 S.W.3d 512 (Ark. 2000). Under this rule, the court’s main inquiry is whether “the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied
Read moreDecember 8, 2017
Is Daubert or Frye used for expert witness testimony admissibility in Alabama?
Depending on the subject of the expert’s testimony, the state of Alabama follows either the Daubert or Frye test for the admissibility of expert witness testimony. Thompson v. State, 153 So.3d 84 (Ala. Crim. App. 2012). Alabama courts apply the Frye test in cases where the expert witness is either a medical or scientific expert. Id. In these situations, the
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