The Daubert Standard and Expert Witnesses
Posted on May. 18 2012 in Personal Injury Cases
Kentucky uses the Daubert standard from a US Supreme Court case, Daubert v.Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The standard governs the admissibility of expert witness testimony during US federal legal proceedings and over half of state proceedings like KY personal injury cases. Pursuant to the Daubert standard, whether an expert witness testimony is admissible in court, depends on: (1)whether an expert’s opinion has been peer reviewed; (2) whether an expert’s theory can be and has been tested; (3) known or potential error rate of an expert’s theory; and (4) general acceptance of a expert’s theory in the relevant scientific community. In Daubert,the Supreme Court decided FRE 702 required a trier of fact
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