Expert Witness Blog

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

The state of Oklahoma follows the Daubert test for the admissibility of expert witness testimony. Scruggs v. Edwards, 154 P.3d 1257 (Okla. 2007). Under this test, the court should ask four questions to help determine the admissibility of expert testimony. Id. The four questions are: “1. Can the expert’s theory or technique be, or has it been, tested; 2. Has the expert’s theory or technique been subjected to peer review and publication; 3. Is there a “known or potential rate of error … and the existence and maintenance of standards controlling the technique’s operation; and 4; Is there widespread acceptance of the theory or technique within the relevant scientific community.” Id. The court’s inquiry should focus on the “evidentiary relevance and reliability” rather than the conclusions the expert testifies to. Id. Furthermore, this inquiry is most appropriate in cases where the expert’s technology or method is “less usual or more complex.” Id.

Download SEAK’s: 247 Sample Deposition Questions for Expert Witnesses

Search for Expert Witnesses

Search the SEAK Expert Witness Directory.




Keep reading

More from the Expert Witness Blog

October 1, 2025

Psychology Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychology expert witness you might wonder what types of cases you may be asked to work on. Below are 10 examples of cases where a psychologist may be needed as an expert witness. Examples of cases where a psychologist might serve as an expert witness: Personal injury

Read more
September 22, 2025

Psychiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 15 examples of cases where a psychiatrist may be needed as an expert witness. Examples of cases where a psychiatrist might serve as an expert witness: Will contests

Read more
September 22, 2025

Podiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a podiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 18 examples of cases where a podiatrist may be needed as an expert witness. Examples of cases where a podiatrist might serve as an expert witness: Medical malpractice

Read more