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Is Daubert or Frye used for expert witness testimony admissibility in Montana?

The state of Montana follows the Daubert test for the admissibility of expert witness testimony. State v. Southern, 980 P.2d 3 (Mont. 1999). This test focuses on the reliability of an expert’s testimony. Id. Under this test, there are four factors that the court should use to help determine whether the expert’s testimony is [...]

By |2023-07-06T09:27:19-04:00December 28th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Montana?

Is Daubert or Frye used for expert witness testimony admissibility in Missouri?

The state of Missouri does not follow either the Daubert or Frye tests for expert witness admissibility. Bailey v. Cameron Mut. Ins. Co., 122 S.W.3d 599 (Mo. Ct. App. 2003). Instead, Missouri follows the state statute regarding the admissibility of expert witness testimony, which is § 490.065 of Missouri’s Rules of Evidence. Mo. Ann. [...]

By |2023-07-06T09:27:37-04:00December 27th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Missouri?

Is Daubert or Frye used for expert witness testimony admissibility in Mississippi?

The state of Mississippi follows the Daubert test for the admissibility of expert witness testimony. Investor Resource Services, Inc. v. Cato, 15 So.3d 412 (Miss. 2009). This test is focused on establishing the reliability of the expert’s testimony. Id. Under this test, the party offering the expert’s testimony must show that the expert’s testimony [...]

By |2023-07-06T09:27:44-04:00December 26th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Mississippi?

Is Daubert or Frye used for expert witness testimony admissibility in Minnesota?

The state of Minnesota follows the Frye-Mack test for the admissibility of expert witness testimony. State v. Hull, 788 N.W.2d 91 (Minn. 2010). This test has two prongs that must be passed before expert testimony can be admitted. Id. The first prong is “whether experts in the field widely share the view that the results [...]

By |2023-07-06T09:27:50-04:00December 25th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Minnesota?

Is Daubert or Frye used for expert witness testimony admissibility in Massachusetts?

The state of Massachusetts follows the Daubert test for expert witness admissibility. Com v. DiCicco, 25 N.E.3d 859 (Mass. 2015). This test applies to expert testimony that involves “conclusions based on personal observation or clinical experience.” Id. Under this test, in order for expert testimony to be admissible, the expert’s testimony has to “have [...]

By |2023-07-06T09:27:57-04:00December 24th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Massachusetts?

Is Daubert or Frye used for expert witness testimony admissibility in Maryland?

The state of Maryland follows the Frye test for expert witness admissibility. Savage v. State, 166 A.3d 183 (Md. 2017). This test requires that for expert testimony to be admissible the underlying “basis of that opinion must be shown to be generally accepted as reliable within the expert’s particular scientific field.” Id. If an [...]

By |2023-07-06T09:28:04-04:00December 23rd, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Maryland?

Is Daubert or Frye used for expert witness testimony admissibility in Maine?

The state of Maine does not follow the Daubert or Frye test for the admissibility of expert witness testimony, but instead follows the Williams test. State v. Bickart, 963 A.2d 183 (Me. 2009). This test requires that the court find the expert’s testimony to be “sufficiently reliable to be held relevant.” Id. To determine [...]

By |2023-07-06T09:28:11-04:00December 22nd, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Maine?

Is Daubert or Frye used for expert witness testimony admissibility in Louisiana?

The state of Louisiana follows the Daubert test for the admissibility of expert witness testimony. State v. Francois, 134 So.3d 42 (La. Ct. App. 2014). Under this test, the court should consider: “(1) whether the theory or technique can be and has been tested; (2) whether the theory or technique has been subjected to [...]

By |2023-07-06T09:28:22-04:00December 21st, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Louisiana?

Is Daubert or Frye used for expert witness testimony admissibility in Kentucky?

The state of Kentucky follows the Daubert test for the admissibility of expert witness testimony. City of Owensboro v. Adams, 136 S.W. 446 (Ky. 2004). Under this test the court should consider: “ (1) whether the theory or technique can be or has been tested; (2) whether it has been subjected to peer review [...]

By |2023-07-06T09:28:28-04:00December 20th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Kentucky?

Is Daubert or Frye used for expert witness testimony admissibility in Kansas?

The state of Kansas follows the Frye tests for the admissibility of expert witness testimony. In re Girard, 294 P.3d 236 (Kan. 2013). Under this test, the party offering the expert’s testimony must show “that the basis of a scientific opinion is generally accepted as reliable within the expert’s particular scientific field.” Id. In [...]

By |2023-07-06T09:28:35-04:00December 19th, 2017|Blog, Expert Witness Laws/Procedure|Comments Off on Is Daubert or Frye used for expert witness testimony admissibility in Kansas?
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