2025/06/16

Admissibility under Daubert

 

"Admissibility under Daubert" refers to the legal standard used by courts to determine whether expert testimony is admissible in federal court. This standard originates from the U.S. Supreme Court case *Daubert v. Merrell Dow Pharmaceuticals, Inc.*, 509 U.S. 579 (1993). The Daubert standard is applied to assess whether an expert's scientific, technical, or other specialized knowledge will assist the trier of fact (such as a jury) in understanding the evidence or determining a fact in issue.

Under the Daubert standard, the trial judge acts as a "gatekeeper" to ensure that any and all scientific testimony or evidence admitted is not only relevant but also reliable. The court considers several factors to evaluate the admissibility of expert testimony:

1. Testability: Whether the theory or technique can be and has been tested.

2.  Peer Review and Publication: Whether the theory or technique has been subjected to peer review and publication.

3. Error Rate: The known or potential error rate of the method used.

4. Standards and Controls: The existence and maintenance of standards controlling the technique's operation.

5. General Acceptance:  Whether the theory or technique is generally accepted within the relevant scientific community.

The Daubert standard was further clarified and expanded in subsequent cases, such as General Electric Co. v. Joiner and Kumho Tire Co. v. Carmichael, which emphasized the trial judge's discretion and extended the gatekeeping role to all expert testimony, not just scientific.

Overall, "admissibility under Daubert" ensures that expert testimony presented in court is both relevant to the case and based on a reliable foundation.