Expert Witness Blog

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

The state of West Virginia follows the Daubert test for the admissibility of expert witness testimony. San Francisco v. Wendy’s Intern., Inc., 656 S.E.2d 734 (W. Va. 2007). Under this test, the court asks: “(1) is the witness an expert; and, if so, (2) is the expert’s testimony relevant and reliable?” Id. To determine this, the court analyzes whether the expert “(a) meets the minimal educational or experiential qualifications (b) in a field that is relevant to the subject under investigation (c) which will assist the trier of fact.” Id. Also, the court must ensure that the expert’s area of expertise includes the field that the expert is supposed to testify to. Id. Factors that the court can consider in this analysis include the expert’s education, experience, knowledge, skill, and training. Id. Once the court determines the expert is qualified, the court then analyzes whether the expert’s opinion is “relevant and reliable.” Id. To determine this, the court should analyze “(a) whether the scientific theory and its conclusions can be and have been tested; (b) whether the scientific theory has been subjected to peer review and publication; (c) whether the scientific theory’s actual or potential rate of error is known; and (d) whether the scientific theory is generally accepted within the scientific community.” Id.

Download SEAK’s: 247 Sample Deposition Questions for Expert Witnesses

Search for Expert Witnesses

Search the SEAK Expert Witness Directory.





Keep reading

More from the Expert Witness Blog

October 1, 2025

Psychology Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychology expert witness you might wonder what types of cases you may be asked to work on. Below are 10 examples of cases where a psychologist may be needed as an expert witness. Examples of cases where a psychologist might serve as an expert witness: Personal injury

Read more
September 22, 2025

Psychiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a psychiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 15 examples of cases where a psychiatrist may be needed as an expert witness. Examples of cases where a psychiatrist might serve as an expert witness: Will contests

Read more
September 22, 2025

Podiatry Expert Witness: What Types of Cases Might You Work On?

By Kelly J. Wilbur, Esq. Introduction  If you are thinking about becoming a podiatry expert witness you might wonder what types of cases you may be asked to work on. Below are 18 examples of cases where a podiatrist may be needed as an expert witness. Examples of cases where a podiatrist might serve as an expert witness: Medical malpractice

Read more