Expert Witness Blog

Is Daubert or Frye used for expert witness testimony admissibility in Maine?

The state of Maine does not follow the Daubert or Frye test for the admissibility of expert witness testimony, but instead follows the Williams test. State v. Bickart, 963 A.2d 183 (Me. 2009). This test requires that the court find the expert’s testimony to be “sufficiently reliable to be held relevant.” Id. To determine this, the court should analyze: “(1) whether any studies tendered in support of the testimony are based on facts similar to those at issue; (2) whether the hypothesis of the testimony has been subject to peer review; (3) whether an expert’s conclusion has been tailored to the facts of the case; (4) whether any other experts attest to the reliability of the testimony; (5) the nature of the expert’s qualifications; and (6), if a causal relationship is asserted, whether there is a scientific basis for determining that such a relationship exists.” Id. If the court finds these factors to be met, then the expert’s testimony is deemed admissible.

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