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 to the facts in issue.” Id. To make this determination, the court should utilize a variety of factors, including “whether the scientific theory or technique can be or has been tested.” Id. Additionally, the courts should look into whether the “theory or technique” has been “subjected to peer review and publication, the potential rate of error, and the existence and maintenance of standards controlling the technique’s operation.” Id. Lastly, whether or not the theory or technique has been “generally accepte[d] in the scientific community” can have a bearing on the inquiry.” Id. The court’s inquiry under this test should be flexible and focus on the “principles and methodology” used by the expert and not on the expert’s conclusions. Id.

Download SEAK’s: 247 Sample Deposition Questions for Expert Witnesses