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