The state of Kentucky follows the Daubert test for the admissibility of expert witness testimony. City of Owensboro v. Adams, 136 S.W. 446 (Ky. 2004). Under this test the court should consider: “ (1) whether the theory or technique can be or has been tested; (2) whether it has been subjected to peer review [...]
The state of Kansas follows the Frye tests for the admissibility of expert witness testimony. In re Girard, 294 P.3d 236 (Kan. 2013). Under this test, the party offering the expert’s testimony must show “that the basis of a scientific opinion is generally accepted as reliable within the expert’s particular scientific field.” Id. In [...]
The state of Iowa does not strictly follow the Daubert test for the admissibility of expert witness testimony, but instead the courts are strongly encouraged to consider the Daubert test when determining the admissibility of expert witness testimony. Frank v. GITS Manufacturing, 786 N.W.2d 519 (Iowa Ct. App. 2010). Specifically, the Daubert test is [...]
The state of Indiana follows the Daubert test for expert witness admissibility. Turner v. State, 953 N.E.2d 1039 (Ind. 2011). Under this test, expert witness testimony is only admissible if “the scientific principles upon which the expert testimony rests are reliable.” Id. Factors that the courts should consider are whether “(1) the testimony is [...]
The state of Idaho does not follow either the Daubert or Frye test for the admissibility of expert witness testimony. Clair v. Clair, 281 P.3d 115 (Idaho 2012). Instead, Idaho follows its Rule of Evidence, Rule 702. Id. This statute states that an expert can testify regarding scientific or technical methods if the court finds [...]
The state of Hawaii does not require courts to follow the Daubert test for the admissibility of expert witness testimony, but instead uses it as part of a larger analysis for expert witness testimony. In re Doe, 981 P.2d 723 (Haw. Ct. App. 1999). In Hawaii, the main test for the admissibility of expert [...]
The state of Delaware follows the Daubert test for the admissibility of expert witness testimony. Bowen v. E.I. DuPont de Nemours & Co., Inc., 906 A.2d 787 (Del. 2006). This test focuses on the “principles and methodology” the expert used to reach its conclusions. Id. Under Delaware’s test, the court should apply a five-step [...]
The state of Connecticut follows the Daubert test for the admissibility of expert witness testimony. State v. Porter, 698 A.2d 739 (Conn. 1997). Under this rule, the court should not allow expert testimony until it has determined that the testimony is both “relevant and reliable.” State v. Griffin, 869 A.2d 640 (Conn. 2005). To [...]
The state of Alaska follows the Daubert test for the admissibility of expert witness testimony. Thompson v. Cooper, 290 P.3d 393 (Alaska 2012). Alaska courts only apply the Daubert analysis to testimony that is based on “scientific knowledge” and not to expert testimony that is based on an expert’s experience. Id. If the expert’s [...]
The state of Colorado follows the Daubert test for the admissibility of expert witness testimony. People v. Prieto, 124 P.3d 842 (Colo. App. 2005). This rule requires that the court focus on the “reliability and relevance of the proffered testimony.” Id. To determine the reliability and relevance of the testimony, the court should consider: [...]