The state of Wyoming follows the Daubert test for the admissibility of expert witness testimony. Wise v. Ludlow, 346 P.3d 1 (Wyo. 2015). Under this test, the court should ensure that expert testimony is reliable and “fits the facts of the particular case.” Id. Additionally, the focus of this test is on the “methodology or technique” used by the expert and not on the conclusions the expert testifies to. Id. To help the courts determine this, the Daubert test has seven factors that courts should utilize. Hoy v. DRM, Inc., 114 P.3d 1268 (Wyo. 2005). The factors under this test are: “1) whether the theory of technique in question can be and has been tested; 2) whether it has been subjected to peer review and publication; 3) its known or potential rate of error along with the existence and maintenance of standards controlling the technique’s operation; 4) the degree of acceptance within the relevant scientific community; 5) the extensive experience and specialized expertise of the expert; 6) whether the expert is proposing to testify about matters growing naturally and directly out of research he has conducted independent of litigation; and 7) the non-judicial uses to which the method has been put.” Id.
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