The state of Wyoming follows the Daubert test for the admissibility of expert witness testimony. Wise v. Ludlow, 346 P.3d 1 (Wyo. 2015). Under this test, the court should ensure that expert testimony is reliable and “fits the facts of the particular case.” Id. Additionally, the focus of this test is on the “methodology or technique” used by the expert and not on the conclusions the expert testifies to. Id. To help the courts determine this, the Daubert test has seven factors that courts should utilize. Hoy v. DRM, Inc., 114 P.3d 1268 (Wyo. 2005). The factors under this test are: “1) whether the theory of technique in question can be and has been tested; 2) whether it has been subjected to peer review and publication; 3) its known or potential rate of error along with the existence and maintenance of standards controlling the technique’s operation; 4) the degree of acceptance within the relevant scientific community; 5) the extensive experience and specialized expertise of the expert; 6) whether the expert is proposing to testify about matters growing naturally and directly out of research he has conducted independent of litigation; and 7) the non-judicial uses to which the method has been put.” Id.
Is Daubert or Frye used for expert witness testimony admissibility in Wyoming?
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.