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

The state of Idaho does not follow either the Daubert or Frye test for the admissibility of expert witness testimony. Clair v. Clair, 281 P.3d 115 (Idaho 2012). Instead, Idaho follows its Rule of Evidence, Rule 702. Id. This statute states that an expert can testify regarding scientific or technical methods if the court finds the expert to be qualified by its “knowledge, skill, experience, training, or education.” I.R.E., Rule 702 (1985). For an expert to attain the necessary “knowledge, skill, experience, training, or education” it does not have to have formal training. Id. However, the witness must have “practical experience or special knowledge” within the area it is testifying in. Clair, 281 P.3d 115. It is up to the party offering the expert to establish that the expert is qualified to be an expert in the area it is to testify to. Id.