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 which are or will be admitted into evidence at the hearing or trial; (2) the testimony is the product of reliable principles and methods; and (3) the witness has applied the principles and methods reliably to the facts of the case.” Id. To determine if these requirements are met, the court should analyze “(1) whether the theory or technique can be tested; (2) whether it has been subjected to peer review; (3) whether the technique has a high known or potential rate of error; and (4) whether the theory has attained general acceptance within the scientific community.” Id.

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