Expert Witness Blog

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

The state of Massachusetts follows the Daubert test for expert witness admissibility. Com v. DiCicco, 25 N.E.3d 859 (Mass. 2015). This test applies to expert testimony that involves “conclusions based on personal observation or clinical experience.” Id. Under this test, in order for expert testimony to be admissible, the expert’s testimony has to “have a reliable basis in the knowledge and experience of his discipline.” Id. The court will then determine “whether the reasoning or methodology” the expert used is “scientifically valid and whether that reasoning or methodology is properly applied to the facts in issue.” Id. If the expert’s testimony “lacks sufficient reliability” or the expert cannot “provide a reliable factual basis for his conclusions” then the testimony will not be admissible. Id.

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