Expert Witness Blog

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

The state of Rhode Island follows the Daubert test for the admissibility of expert witness testimony. Morabit v. Hoag, 80 A.3d 1 (R.I. 2013). Under this test, the court should consider four factors when evaluating the admissibility of expert testimony. Id. However, these factors are “nonexclusive” and should be used to help the court guide its analysis. Id. The factors are: “(1) whether the proffered knowledge has been or can be tested; (2) whether the theory or technique has been the subject of peer review and publication; (3) whether there is a known or potential rate of error; and (4) whether the theory or technique has gained general acceptance in the scientific community.” Id. Even if only one of these factors are met, depending on the degree to which it is satisfied, it may be enough to render the testimony admissible. Id.

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