Expert Witness Blog

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

The state of Minnesota follows the Frye-Mack test for the admissibility of expert witness testimony. State v. Hull, 788 N.W.2d 91 (Minn. 2010). This test has two prongs that must be passed before expert testimony can be admitted. Id. The first prong is “whether experts in the field widely share the view that the results of scientific testing are scientifically reliable.” Id. The second prong of the test is “whether the laboratory conducting the tests in the individual case complied with appropriate standards and controls.” Id. The Frye-Mack test particularly applies in cases where the expert has used “novel scientific evidence” to establish their opinions. Doe v. Archdiocese of St. Paul, 817 N.W.2d 150 (Minn. 2012). And, the Frye-Mack standard is the last element of the larger test for expert witness admissibility in Minnesota, which falls under Minnesota’s Rule of Evidence, Rule 702. Id. This rule requires that in order for expert witness testimony to be admissible: “(1) The witness must qualify as an expert; (2) the expert’s opinion must have foundational reliability; (3) the expert testimony must be helpful to the trier of fact” and the last element is that described above under the Frye-Mack standard. Id.; Minn. R. Evid. 702 (2006).

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