The state of Louisiana follows the Daubert test for the admissibility of expert witness testimony. State v. Francois, 134 So.3d 42 (La. Ct. App. 2014). Under this test, the court should consider: “(1) whether the theory or technique can be and has been tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) the known or potential rate of error; and (4) whether the methodology is generally accepted by the relevant scientific community.” Id. Courts in Louisiana only utilize the Daubert test to evaluate the methodology used by the expert. Id. This means the “adequacy of the expert’s qualifications” still must be analyzed. Id. To evaluate the adequacy of the testimony, Louisiana uses a three-prong test that allows expert testimony as long as all three prongs are true. Id. The three prong test is: “(1) The expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry mandated in Daubert; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue.” Id.
