Expert Witness Blog

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

The state of Maryland follows the Frye test for expert witness admissibility. Savage v. State, 166 A.3d 183 (Md. 2017). This test requires that for expert testimony to be admissible the underlying “basis of that opinion must be shown to be generally accepted as reliable within the expert’s particular scientific field.” Id. If an expert’s testimony is based on new or experimental technology that has not yet been generally accepted, then the opinion cannot be admitted. Id. Important to note, the Frye test applies to the methodologies used by the experts to form their opinions, not to the conclusions the expert draws from the methodologies. Giddens v. State, 812 A.2d 1075 (Md. Ct. Spec. App. 2002). So long as the expert uses generally accepted methodologies, the opinions cannot be inadmissible, even if they are “debatable conclusions.” Id.

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