The state of Wisconsin follows the Daubert test for the admissibility of expert witness testimony. State v. Giese, 854 N.W.2d 687 (Wis. Ct. App. 2014). This rule finds expert witness testimony admissible if it is “based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case.” Id. The purpose of this test is to only allow testimony that is “based on a reliable foundation.” Id. The court should focus on the “principles and methodology the expert relies upon” and not focus on the conclusions the expert testifies to when determining if the testimony is admissible. Id. To evaluate if the methods used by the expert are reliable, the court should consider “whether the scientific approach can be objectively tested, whether it has been subject to peer review publication, and whether it is generally accepted in the scientific community.” Id.
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