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.
