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 the testimony.” Id. When an expert is testifying to scientific material, the court should also “ensure that the expert’s testimony is ‘supported by the appropriate scientific validation’ and that ‘the persuasive appeal [of the evidence] is legitimate.” Id. Factors the court should consider in this process are the “(1) The technique’s general acceptance in the field; (2) The expert’s qualification and stature; (3) The use which has been made of the technique; (4) The potential rate of error; (5) The existence of specialized literature; (6) The novelty of the invention; and (7) The extent to which the technique relies on the subjective interpretation of the expert.” Id. This list of factors is not exhaustive, but these factors are general considerations for the court to consider when determining the admissibility of expert witness testimony. Id.
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