Expert Witness Blog

Is Daubert or Frye used for expert witness testimony admissibility in Washington, D.C.?

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.

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