The state of South Carolina has not adopted the Daubert test for the admissibility of expert witness testimony, but the analysis that the court uses is very similar to the Daubert test. State v. White, 642 S.E.2d 607 (S.C. Ct. App. 2007). Under this test, expert witness testimony will only be admitted once four factors are considered. Id. The factors are: “(1) scientific methodology; (2) peer review; (3) consideration of general acceptance; and (4) the rate of error of a particular technique.” Id. Additionally, the expert must have “acquired by study or practical experience such knowledge of the subject matter of his testimony as would enable him to give guidance and assistance to the jury in resolving a factual issue which is beyond the scope of the jury’s good judgment and common knowledge.” State v. Council, 515 S.E.2d 508 (S.C. 1999). Furthermore, the court can look to whether the expert’s method has “been subjected to peer review and publication”, whether there is “a known potential rate of error”, and whether “standards controlled the techniques and operations.” Id.
Is Daubert or Frye used for expert witness testimony admissibility in South Carolina?
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.