Expert Witness Blog

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

The state of New Jersey follows the Frye test for the admissibility of expert witness testimony. State v. Stubblefield, 162 A.3d 1074 (N.J. Super. Ct. App. Div. 2017). Under this test, expert witness testimony is admissible if the tests “are shown to be generally accepted, within the relevant scientific community, [and] to be reliable. Id. There are three additional requirements that the testimony must meet as well. State v. Pittman, 18 A.3d 203 (N.J. Super. Ct. App. Div. 2011). They are: “(1) the intended testimony must concern a subject matter that is beyond the ken of the average juror; (2) the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony.” Id. Parties can offer scientific articles, guidelines, and other court decisions to show that the method is generally accepted. State v. Marcus, 683 A.2d 221 (N.J. Super. Ct. App. Div. 1996).

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