In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy are the three United States Supreme Court cases that articulated the Daubert standard:
Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead;
General Electric Co. v. Joiner (1997),[1] which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper standard for appellate courts to use in reviewing a trial court's decision of whether it should admit expert testimony;
Kumho Tire Co. v. Carmichael (1999),[2] which held that the judge's gatekeeping function identified in Daubert applies to all expert testimony, including that which is non-scientific.
Important appellate-level opinions that clarify the standard include Judge Alex Kozinski's opinion in Daubert on remand (Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir. 1995)), and Judge Edward Becker's opinion in In re Paoli R.R. Yard PCB Litig., 35 F.3d 717 (3d Cir. 1994).
federal law, the Daubertstandard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special...
the reliability and "general acceptance." While Daubert has superseded Frye, the standard of Daubert is not substantially different. While the focus of...
expert standard in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). The Daubertstandard arose out of the U.S. Supreme Court case Daubert v. Merrell...
Daubert factors, but the amended rule, rule 702, even though it is often referred to as the Daubertstandard, does not include the original Daubert factors...
of the case the Frye standard was considered the correct standard of evidence. This Daubertstandard eventually became the standard used by the U.S. Supreme...
the case Florida switched to the Daubertstandard, effective July 1. The Daubertstandard is a more modern standard that considers several factors (not...
the tribunal's order is a ground for a mistrial.: 1033 Law portal Daubertstandard Garner, Brian A., ed. (1999). "In limine". Black's Law Dictionary (7th ed...
Stevens: An example of 'junk science' that should be excluded under the Daubertstandard as too unreliable would be the testimony of a phrenologist who would...
decision Kumho Tire Co. v. Carmichael and its holding regarding the Daubertstandard, which governs when expert witnesses can testify in U.S. federal trials...
type of work. Forensic psychology Daubert v. Merrell Dow Pharmaceuticals, Inc. which established the Daubertstandard delimiting the admissibility of scientific...
eventually lead to the positive identification of remains. In the U.S., the DaubertStandard is a legal precedent set in 1993 by the Supreme Court regarding the...
Frye test as a generally accepted medical condition, and the newer Daubertstandard. Within legal circles, DID has been described as one of the most disputed...
analysis concludes that this study is reliable under the Frye standard and the Daubertstandard. The term is receiving increased attention based on recent...
from his or her own experience and competence. Bayesian epistemology Daubertstandard Deposition Eyewitness memory Direct examination Hostile witness In...
how it maintains standards for forensic soundness; and how it meets legal requirements such as the Daubertstandard or Frye standard. As a field of study...
technology; courts in the US typically follow the Daubertstandard set for evidence evaluation by the Daubert v. Merrell Dow Pharmaceuticals, Inc. Supreme...
that an expert establish a reliable foundation, as required under the Daubertstandard The second test that is usually administered is the Walk and Turn Test...
many different areas. The Data Quality Act and the Supreme Court's Daubertstandard have been cited as tools used by those manufacturing controversy to...
comprehensive "reliable foundation" test in Daubert v. Merrell Dow Pharmaceuticals. In the Daubertstandard, the "generally accepted" test was no longer...
testimony alleging PAS has been challenged under the Frye test and Daubertstandard, to evaluate if it has sufficient scientific basis and acceptance within...
control, it does not meet the scientific standards demanded by legal tests such as the Frye test and Daubertstandard for admissibility in the United States...
Assessment has been questioned; it has struggled at times to pass the Daubertstandard for admissibility in federal and state courts. In 2002, the Abel Assessment...
Global Information