The state of Oregon follows the Daubert test for the admissibility of expert witness testimony. State v. Trujillo, 353 P.3d 609 (Or. Ct. App. 2015). Under this test, there are three considerations that must be met: “(1) the witness’s qualification as an expert, (2) helpfulness of the expert’s testimony, and (3) an adequate foundation for the testimony.” Id. When an expert is testifying to scientific material, the court should also “ensure that the expert’s testimony is ‘supported by the appropriate scientific validation’ and that ‘the persuasive appeal [of the evidence] is legitimate.” Id. Factors the court should consider in this process are the “(1) The technique’s general acceptance in the field; (2) The expert’s qualification and stature; (3) The use which has been made of the technique; (4) The potential rate of error; (5) The existence of specialized literature; (6) The novelty of the invention; and (7) The extent to which the technique relies on the subjective interpretation of the expert.” Id. This list of factors is not exhaustive, but these factors are general considerations for the court to consider when determining the admissibility of expert witness testimony. Id.
Is Daubert or Frye used for expert witness testimony admissibility in Oregon?
About the Author: Steve Babitsky
Steven Babitsky, Esq. is the President and founder of SEAK, Inc., the Expert Witness Training Company. He was a personal injury trial attorney for twenty years and is the former managing partner of the firm Kistin, Babitsky, Latimer & Beitman. Steve has helped expert witnesses and their attorneys prepare for deposition in a broad range of cases, including antitrust, patent, medical malpractice, wrongful death, computer forensics, and many others. He has trained the Federal Bureau of Investigation and the Federal Aviation Administration, and he has worked with numerous forensic and financial companies including Fortune 500 companies and has worked with numerous experts to help them expand and grow their practices. Mr. Babitsky is the co-author of the texts How to Be an Effective Expert Witness at Deposition and Trial: The SEAK Guide to Testifying as an Expert Witness, How to Be a Successful Expert Witness: SEAK’s A–Z Guide to Expert Witnessing, How to Write an Expert Witness Report, and How to Market Your Expert Witness Practice Evidence-Based Practices. Attorney Babitsky is the co-developer and trainer for the “How to Be an Effective Expert Witness” seminar and has been the seminar leader since 1990 for the Annual National Expert Witness and Litigation Conference. Mr. Babitsky trains hundreds of experts every year. He may be contacted at 508-548-9443 or firstname.lastname@example.org.