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

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 draw[ing] inferences from facts, circumstances or data made known or perceived by such witness.” Id. Furthermore, Virginia does not require that the “facts, circumstances or field of expertise in forming opinions and drawing inferences” be admissible evidence. Id. The party offering the expert can use “published treatises, periodicals or pamphlets” on the subject of the expert’s testimony to bolster the reliability of the expert’s testimony. Id.