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. [...]
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 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Jury instructions regarding expert witnesses in Wyoming are not readily accessible in jury instruction handbooks as jury instructions in other states are. However, case law provides insight as to what the jury is instructed in Wyoming in regard to expert witnesses. First, expert witnesses are allowed to testify as to their opinion on the [...]