Expert Witness Blog

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

The state of Pennsylvania follows the Frye test for the admissibility of expert witness testimony. Cummins v. Rosa, 846 A.2d 148 (Pa. 2004). Under this test, the court analyzes whether the methodology used by the expert is “generally accepted by the relevant scientific community.” Id. This test does not analyze or specify the weight to be given to specific testimony, but instead focuses on the “scientific validity” of the underlying methodology. Id. The focus of this test is to ensure that the results reached by the expert witness are from “scientific research which has been conducted in a fashion that is generally recognized as being sound” and not from new methodologies that have not yet been accepted by the scientific community. Tucker v. Community Medical Center, 833 A.2d 217 (Pa. Super. Ct. 2003). However, parties need not prove that the conclusions the expert testifies to from utilizing the methodology are generally accepted. Com v. Whitcare, 878 A.2d 96 (Pa. Super. Ct. 2005).

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