The state of New Mexico follows the Daubert-Alberico test for the admissibility of expert witness testimony. Parkhill v. Alderman-Cave Milling and Grain Co. of New Mexico, 245 P.3d 585 (N.M. Ct. App. 2010). The Alberico portion of the test has three requirements: “(1) experts must be qualified; (2) their testimony must assist the trier of fact; and (3) their testimony must be limited to the area of scientific, technical, or other specialized knowledge in which they are qualified.” Id. The Daubert portion is applied specifically when courts are analyzing the reliability of a scientific expert’s testimony. Id. The factors to be considered under Daubert are: “(1) whether a theory or technique can be (and has been) tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) the known or potential rate of error in using a particular scientific technique and the existence and maintenance of standards controlling the technique’s operation; (4) whether the theory or technique has been generally accepted in the particular scientific field.” Id. New Mexico also adds a fifth element to this analysis, which instructs the court to analyze whether the expert’s scientific technique “is capable of supporting opinions based upon reasonable probability rather than conjecture.” Id. the Daubert-Alberico test is only applicable to scientific expert testimony and not all expert testimony. Id.
