The state of Mississippi follows the Daubert test for the admissibility of expert witness testimony. Investor Resource Services, Inc. v. Cato, 15 So.3d 412 (Miss. 2009). This test is focused on establishing the reliability of the expert’s testimony. Id. Under this test, the party offering the expert’s testimony must show that the expert’s testimony is “based upon scientific methods and procedures, not unsupported speculation.” Id. Factors the court can consider when determining this is “whether the theory or technique can be and has been tested; whether it has been subjected to peer review and publication; whether … there is a high known or potential rate of error; whether there are standards controlling the technique’s operation; and whether the theory or technique enjoys general acceptance within the expert’s particular field.” Id. These factors should be used to guide the court’s analysis and are not exclusive or required. Id.
