The state of Kansas follows the Frye tests for the admissibility of expert witness testimony. In re Girard, 294 P.3d 236 (Kan. 2013). Under this test, the party offering the expert’s testimony must show “that the basis of a scientific opinion is generally accepted as reliable within the expert’s particular scientific field.” Id. In these situations, the expert’s opinion must be: “(1) based on facts or data perceived by or personally known or made known to the witness at the hearing and (2) within the scope of the special knowledge, skill, experience or training possessed by the witness.” Id. The Frye test is applied only to “novel scientific evidence” and not cases where an expert is testifying to an “opinion developed from inductive reasoning based on the expert’s own experiences, observations, or research.” Id.
