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 testimony is “experience-based” it is admissible if the expert “has substantial experience in the relevant field.” Id. If the expert is testifying to scientific knowledge, the factors to be considered by the court are: “whether the proposed scientific theory or technique has attained general acceptance in the relevant scientific community”, “whether the proposed scientific theory or technique has been (or at least can be) empirically tested”, “whether the proposed scientific theory or technique has been subjected to peer review and publication; and whether the known or potential error rate of the proposed theory or technique is within acceptable limits, and whether there are recognized standards and protocols to control variations in the application of the technique.” Id. The focus of this test is the expert’s “principles and methodology” and “whether the expert’s conclusions have a sufficient analytical nexus to those underlying principles and methodology.” Id.
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