Standards of courts when deciding to accept expert witness testimony

 

The standards for expert witness testimony in courts are governed by Federal Rule of Evidence 702 and the Daubert Standard, which provide a framework for ensuring the reliability and relevance of expert testimony.

Federal Rule of Evidence 702

Rule 702 outlines the criteria for admitting expert testimony:

1. Qualifications: The witness must be qualified as an expert by knowledge, skill, experience, training, or education[1][2][4].
2. Relevance: The expert’s scientific, technical, or other specialized knowledge must help the trier of fact to understand the evidence or to determine a fact in issue[1][2][4].
3. Reliability: The testimony must be based on sufficient facts or data and be the product of reliable principles and methods[1][2][4].
4. Application: The expert’s opinion must reflect a reliable application of the principles and methods to the facts of the case[1][2][4].

Daubert Standard

The Daubert Standard, established in Daubert v. Merrell Dow Pharmaceuticals Inc. (1993), provides a non-exclusive checklist for assessing the reliability of scientific expert testimony:

1. Testability: Whether the expert’s technique or theory can be or has been tested[1][3].
2. Peer Review and Publication: Whether the technique or theory has been subject to peer review and publication[1][3].
3. Error Rate: The known or potential rate of error of the technique or theory when applied[1][3].
4. Standards and Controls: The existence and maintenance of standards and controls[1][3].
5. General Acceptance: Whether the technique or theory has been generally accepted in the scientific community[1][3].

Additional Considerations

– Judicial Discretion: The trial judge has the discretion to determine whether a proposed expert witness has been sufficiently qualified and whether the testimony meets the reliability criteria[2][3].
– Pre-trial Hearings: Courts may hold pre-trial hearings to determine whether the witness qualifies as an expert and whether the expert’s testimony satisfies the requirements of Rule 702[4].
– Disclosure: Experts must disclose their qualifications, opinions, and the basis for their opinions, as well as any exhibits or data used to support their testimony[4][5].

Summary

The standards for expert witness testimony are designed to ensure that only reliable and relevant expert opinions are presented to the trier of fact. These standards emphasize the importance of the expert’s qualifications, the reliability of the methodology, and the application of that methodology to the facts of the case.

Sources:

– [1] www.law.cornell.edu
– [2] law.indiana.edu
– [3] www.law.cornell.edu
– [4] alec.org
– [5] nij.ojp.gov