Posts discussing laws and court precedent regarding expert witnesses.
The state of Pennsylvania follows the Frye test for the admissibility of expert witness testimony. Cummins v. Rosa, 846 A.2d 148 (Pa. 2004). Under this test, the court analyzes whether the methodology used by the expert is “generally accepted by the relevant scientific community.” Id. This test does not analyze or specify the weight [...]
The state of Ohio follows the Daubert test for the admissibility of expert witness testimony. Watkins v. Affinia Group, 54 N.E.3d 174 (Ohio Ct. App. 2016). This test requires that in order for an expert’s testimony to be admissible it must meet three requirements. Id. The expert’s testimony must be: “(1) based upon sufficient [...]
The state of New Jersey follows the Frye test for the admissibility of expert witness testimony. State v. Stubblefield, 162 A.3d 1074 (N.J. Super. Ct. App. Div. 2017). Under this test, expert witness testimony is admissible if the tests “are shown to be generally accepted, within the relevant scientific community, [and] to be reliable. [...]
The state of Michigan follows the Daubert test for the admissibility of expert witness testimony. Chapin v. A&L Parts, Inc., 733 N.W.2d 23 (Mich. 2007). In order for expert testimony to be admissible the court must find that it is reliable. Id. This requires the court to conduct “a searching inquiry, not just of [...]
The state of Arizona follows the Daubert test for the admissibility of expert witness testimony. Lear v. Fields, 245 P.3d 911 (Ariz. Ct. App. 2011). Under this test, expert testimony must be “(1) scientific knowledge that (2) will assist the trier of fact to understand or determine a fact in issue.” Id. To determine if [...]
The state of North Carolina follows the Daubert test for the admissibility of expert witness testimony. State v. McGrady, 787 S.E.2d 1 (N.C. 2016). This rule requires that to be admissible, all expert witness testimony must be relevant and reliable. Id. Determining the relevance and reliability starts with assessing “whether the reasoning or methodology [...]
The state of Illinois follows the Frye test for the admissibility of expert witness testimony. Donnellan v. First Student, Inc., 891 N.E.2d 463 (Ill. App. Ct. 2008). Under the Frye test, expert witness testimony is admissible if “the methodology underlying the opinion is ‘sufficiently established to have gained general acceptance in the particular field [...]
The state of Georgia follows the Daubert test for the admissibility of expert witness testimony. Webster v. Desai, 699 S.E.2d 419 (Ga. Ct. App. 2010). Under this rule, expert testimony is admissible if it is “relevant and reliable.” This means the following must be true: “(1) the testimony is based upon sufficient facts or data [...]
The state of Florida follows the Frye test for the admissibility of expert witness testimony. Holy Cross Hospital, Inc. v. Marrone, 816 So.2d 1113 (Fla. Dist. Ct. App. 2001). Under the Frye test, pure opinion testimony from an expert witness is not admissible. Id. To allow expert witness testimony, said testimony must be deduced [...]
The state of New York follows the Frye test for expert witness admissibility. State v. David D., 37 N.Y.S.3d 685 (N.Y. App. Div. 2016). Under this test, for evidence to be admissible it must be “generally accepted as reliable by the relevant scientific community.” Id. To determine if the evidence is generally accepted, the [...]