The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony in federal court.  The Daubert standard came about from the U.S. Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).  The Daubert is a guideline for expert admissibility for federal cases, but many states also adopted the Daubert.  An Expert’s Testimony or expert’s report can be challenged and excluded if it does not meet the Daubert standard.

The Federal Rules of Evidence 702 states that a witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied the principles and methods to the facts of the case.

Federal court cases and more than half of the states use Daubert.  Any expert witnesses and litigators should be familiar with the Daubert ruling because it determines whether or not an expert’s testimony gets excluded.

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