Expert Witness Blog

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

The state of Ohio follows the Daubert test for the admissibility of expert witness testimony. Watkins v. Affinia Group, 54 N.E.3d 174 (Ohio Ct. App. 2016). This test requires that in order for an expert’s testimony to be admissible it must meet three requirements. Id. The expert’s testimony must be: “(1) based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.” Id. To determine if these requirements are met, the court should look at “whether the theory or technique has been tested,” whether it has been peer reviewed, the “known or potential rate of error,” and whether the methodology has been generally accepted. Id. The purpose of this test is to ensure that expert testimony is “based on the scientific method.” Id. The court is to focus on the expert’s methodology and not on the conclusions the expert testifies to. Id.

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