Posts discussing laws and court precedent regarding expert witnesses.
The state of Hawaii does not require courts to follow the Daubert test for the admissibility of expert witness testimony, but instead uses it as part of a larger analysis for expert witness testimony. In re Doe, 981 P.2d 723 (Haw. Ct. App. 1999). In Hawaii, the main test for the admissibility of expert [...]
The state of Delaware follows the Daubert test for the admissibility of expert witness testimony. Bowen v. E.I. DuPont de Nemours & Co., Inc., 906 A.2d 787 (Del. 2006). This test focuses on the “principles and methodology” the expert used to reach its conclusions. Id. Under Delaware’s test, the court should apply a five-step [...]
The state of Connecticut follows the Daubert test for the admissibility of expert witness testimony. State v. Porter, 698 A.2d 739 (Conn. 1997). Under this rule, the court should not allow expert testimony until it has determined that the testimony is both “relevant and reliable.” State v. Griffin, 869 A.2d 640 (Conn. 2005). To [...]
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 [...]
The state of Colorado follows the Daubert test for the admissibility of expert witness testimony. People v. Prieto, 124 P.3d 842 (Colo. App. 2005). This rule requires that the court focus on the “reliability and relevance of the proffered testimony.” Id. To determine the reliability and relevance of the testimony, the court should consider: [...]
The state of Arkansas follows the Daubert test for the admissibility of expert witness testimony. Farm Bureau Mut. Ins. Co. of Arkansas, Inc. v. Foote, 14 S.W.3d 512 (Ark. 2000). Under this rule, the court’s main inquiry is whether “the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning [...]
Depending on the subject of the expert’s testimony, the state of Alabama follows either the Daubert or Frye test for the admissibility of expert witness testimony. Thompson v. State, 153 So.3d 84 (Ala. Crim. App. 2012). Alabama courts apply the Frye test in cases where the expert witness is either a medical or scientific expert. [...]
The state of Washington follows the Frye test for the admissibility of expert witness testimony. In re Detention of Pettis, 352 P.3d 841 (Wash. Ct. App. 2015). Under this test, expert witness testimony is admissible if “(1) the scientific theory or principles upon which the evidence is based has gained general acceptance in the [...]
The state of Virginia does not follow either the Frye or Daubert tests for the admissibility of expert witness testimony. Instead, Virginia follows its own set of rules and precedent. VA. CODE ANN. § 8.01-401.1 (West 2013). This statute allows expert witness testimony to be admissible if the expert is “render[ing] an opinion or [...]
The state of Texas follows the Daubert test for the admissibility of expert witness testimony. Ashby v. State, 527 S.W.3d 356 (Tex. Ct. App. 2017). To admit expert testimony, the expert testimony must pass a three-step test. Id. First, the expert must qualify “as an expert by reason of his knowledge, skill, experience, training, or [...]