The state of Nebraska follows the Daubert test for the admissibility of expert witness testimony. State v. Mason, 709 N.W.2d 638 (Neb. 2006). This test is only applicable in situations where the expert’s testimony “involves scientific or specialized knowledge.” Id. The overall purpose of this test is to perform an “assessment whether the reasoning or methodology underlying the testimony is valid and whether that reasoning or methodology properly can be applied to the facts in issue.” Id. To evaluate this, the court utilizes a four-step inquiry. Id. First, the court must determine if the expert is “qualified to testify as an expert” based on the expert’s “knowledge, skill, experience, training, and education.” Id. Next, the court must determine “whether the reasoning or methodology underlying the expert testimony is scientifically valid and reliable.” Id. This inquiry involves evaluating whether the expert’s “reasoning or methodology has been tested and has general acceptance within the relevant scientific community.” Id. Next, the court must evaluate whether the “methodology was properly applied to the facts in issue.” Id. This step requires the court to “ensure that the tests were performed properly.” Id. Lastly, the court “determines whether the expert evidence and the opinions related thereto are more probative than prejudicial.” Id.
