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.
Is Daubert or Frye used for expert witness testimony admissibility in Arkansas?
Search for Expert Witnesses
Search the SEAK Expert Witness Directory.
More from the Expert Witness Blog
Psychology Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a psychology expert witness you might wonder what types of cases you may be asked to work on. Below are 10 examples of cases where a psychologist may be needed as an expert witness. Examples of cases where a psychologist might serve as an expert witness: Personal injury
Read morePsychiatry Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a psychiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 15 examples of cases where a psychiatrist may be needed as an expert witness. Examples of cases where a psychiatrist might serve as an expert witness: Will contests
Read morePodiatry Expert Witness: What Types of Cases Might You Work On?
By Kelly J. Wilbur, Esq. Introduction If you are thinking about becoming a podiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 18 examples of cases where a podiatrist may be needed as an expert witness. Examples of cases where a podiatrist might serve as an expert witness: Medical malpractice
Read more