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 or publication; (3) whether there is a known or potential rate of error; and (4) whether the theory or technique has general acceptance within its particular scientific, technical, or other specialized community.” Com. v. Martin, 290 S.W.3d 59 (Ky. Ct. App. 2008). A Daubert analysis is not necessary in situations where the expert’s testimony is “in a field of scientific inquiry so well-established that it has been previously deemed reliable by an appellate court.” Id. In these situations, the court can take judicial notice of the testimony. Id. Additionally, under the Daubert test, the court does not need to analyze whether other scientists agree or disagree with the proposed expert’s testimony. Id. If this occurs, both experts can testify and the discrepancies will be analyzed through cross-examination. Id.
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