Expert Witness Blog

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 expert witness testimony. Id. The five steps are: “(1) the witness is qualified as an expert by knowledge, skill experience, training or education; (2) the evidence is relevant; (3) the expert’s opinion is based upon information reasonably relied upon by experts in the particular field; (4) the expert testimony will assist the trier of fact to understand the evidence or to determine a fact in issue; and (5) the expert testimony will not create unfair prejudice or confuse or mislead the jury.” Id. The party offering the expert has the burden of showing that its expert falls under these qualifications and that the expert’s testimony should be admissible. Id.

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