The district of Washington, D.C. follows the Frye test for the admissibility of expert witness testimony. Jones v. U.S., 27 A.3d 1130 (D.C. Cir. 2011). Under this test, expert testimony is not admissible unless it has “gained general acceptance in the particular field in which it belongs.” Id. However, general acceptance “does not require unanimous approval.” Id. Once a specific technique has gained “general acceptance” and has been recognized as such by the court system, proponents of experts will no longer need to establish this for future experts. Id. The Frye test is only applicable to “a novel scientific test or a unique controversial methodology or technique.” Id. The Frye test is focused on ensuring that the expert is not testifying to evidence that is the result of scientific testing that is “still in the experimental stage.” Id.
Is Daubert or Frye used for expert witness testimony admissibility in Washington, D.C.?
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.