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Is Daubert or Frye used for expert witness testimony admissibility in South Dakota?

The state of South Dakota follows the Daubert test for the admissibility of expert witness testimony. State v. Lemler, 774 N.W.2d 272 (S.D. 2009). The purpose of this test is to ensure that expert testimony is reliable before it is admitted. Id. Under this test, courts should analyze: “(1) whether the theory or technique in [...]

By |2018-01-08T06:30:39-04:00January 8th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in South Dakota?

Is Daubert or Frye used for expert witness testimony admissibility in South Carolina?

The state of South Carolina has not adopted the Daubert test for the admissibility of expert witness testimony, but the analysis that the court uses is very similar to the Daubert test. State v. White, 642 S.E.2d 607 (S.C. Ct. App. 2007). Under this test, expert witness testimony will only be admitted once four factors [...]

By |2018-01-06T06:35:29-04:00January 6th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in South Carolina?

Is Daubert or Frye used for expert witness testimony admissibility in Rhode Island?

The state of Rhode Island follows the Daubert test for the admissibility of expert witness testimony. Morabit v. Hoag, 80 A.3d 1 (R.I. 2013). Under this test, the court should consider four factors when evaluating the admissibility of expert testimony. Id. However, these factors are “nonexclusive” and should be used to help the court guide [...]

By |2018-01-05T07:04:16-04:00January 5th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Rhode Island?

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

The state of Oregon follows the Daubert test for the admissibility of expert witness testimony. State v. Trujillo, 353 P.3d 609 (Or. Ct. App. 2015). Under this test, there are three considerations that must be met: “(1) the witness’s qualification as an expert, (2) helpfulness of the expert’s testimony, and (3) an adequate foundation for [...]

By |2018-01-04T07:07:41-04:00January 4th, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Oregon?

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

The state of Oklahoma follows the Daubert test for the admissibility of expert witness testimony. Scruggs v. Edwards, 154 P.3d 1257 (Okla. 2007). Under this test, the court should ask four questions to help determine the admissibility of expert testimony. Id. The four questions are: “1. Can the expert’s theory or technique be, or has [...]

By |2018-01-03T06:40:20-04:00January 3rd, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Oklahoma?

Is Daubert or Frye used for expert witness testimony admissibility in New Mexico?

The state of New Mexico follows the Daubert-Alberico test for the admissibility of expert witness testimony. Parkhill v. Alderman-Cave Milling and Grain Co. of New Mexico, 245 P.3d 585 (N.M. Ct. App. 2010). The Alberico portion of the test has three requirements: “(1) experts must be qualified; (2) their testimony must assist the trier of [...]

By |2018-01-01T07:34:32-04:00January 1st, 2018|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in New Mexico?

Is Daubert or Frye used for expert witness testimony admissibility in New Hampshire?

The state of New Hampshire follows the Daubert test to determine the admissibility of expert witness testimony. Baker Valley Lumber, Inc. v. Ingersoll-Rand Co., 813 A.2d 409 (N.H. 2002). The focus of this test is on the methodology used by the expert and not on the conclusions the expert testifies to. Id. Under this test, [...]

By |2017-12-31T12:56:41-04:00December 31st, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in New Hampshire?

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

The state of Nevada does not follow either the Daubert or Frye test for the admissibility of expert witness testimony. Higgs v. State, 222 P.3d 648 (Nev. 2010). Instead, Nevada follows its state statute, N.R.S. 50.275, and utilizes Daubert as persuasive authority. Id. The statute reads that if scientific or technical testimony will help the [...]

By |2017-12-30T06:37:05-04:00December 30th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Nevada?

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

The state of Nebraska follows the Daubert test for the admissibility of expert witness testimony. State v. Mason, 709 N.W.2d 638 (Neb. 2006). This test is only applicable in situations where the expert’s testimony “involves scientific or specialized knowledge.” Id. The overall purpose of this test is to perform an “assessment whether the reasoning or [...]

By |2017-12-29T06:26:13-04:00December 29th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Nebraska?

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

The state of Montana follows the Daubert test for the admissibility of expert witness testimony. State v. Southern, 980 P.2d 3 (Mont. 1999). This test focuses on the reliability of an expert’s testimony. Id. Under this test, there are four factors that the court should use to help determine whether the expert’s testimony is admissible, [...]

By |2017-12-28T06:43:07-04:00December 28th, 2017|Blog|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Montana?