The state of North Carolina follows the Daubert test for the admissibility of expert witness testimony. State v. McGrady, 787 S.E.2d 1 (N.C. 2016). This rule requires that to be admissible, all expert witness testimony must be relevant and reliable. Id. Determining the relevance and reliability starts with assessing “whether the reasoning or methodology underlying the testimony is scientifically valid” as well as “whether that reasoning or methodology properly can be applied to the facts in issue.” Id. The first requirement that must be met for expert testimony to be admissible is that “proposed testimony must be based on ‘scientific, technical or other specialized knowledge’ that will ‘assist the trier of fact to understand the evidence or to determine a fact in issue.” Id. The second requirement is that the expert be “qualified as an expert by knowledge, skill, experience, training, or education.” Id. Essentially, this element requires that the expert be able to provide reasoning and insight that is greater than what the jury is able to deduce and conclude on their own. Id. The third requirement is that the expert’s testimony must meet three requirements. Id. Those requirements are: “(1) The testimony must be based upon sufficient facts or data. (2) The testimony must be the product of reliable principles and methods. (3) The witness must have applied the principles and methods reliably to the facts of the case.” Id. There are five factors the court will use to determine if testimony is reliable. Id. Those factors are: whether the “theory or technique” has or can be tested, has been peer reviewed and published, has a “known or potential rate of error,” “existence and maintenance of standards controlling the technique’s operation,” and whether the theory has been generally accepted in its field. Id.
