Cecily Zamora
The Daubert Standard is a rule of evidence in United States federal law that determines the admissibility of expert witness testimony in court. It is a crucial benchmark in litigation that plays a central role in ensuring the validity of evidence presented in court. The Daubert Standard supplanted the Frye Standard, which was previously used to determine the admissibility of expert testimony based on its general acceptance within a particular field. The Daubert Standard, on the other hand, provides a more flexible approach, allowing for the consideration of various factors, including the relevance and
| Characteristics | Values |
|---|---|
| Name | Daubert Standard |
| Type | Rule of evidence regarding the admissibility of expert witness testimony |
| Applicability | Federal courts and over half of the states |
| Purpose | To ensure the validity, reliability, and relevance of evidence presented in court |
| Key Cases | Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), General Electric Co. v. Joiner (1997), Kumho Tire Co. v. Carmichael (1999) |
| Flexibility | Flexible and applicable depending on the circumstances of each case |
| Impact | Raised the bar for toxic tort and product liability cases, potentially reducing "junk science" in courtrooms |
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What You'll Learn
The Daubert case
The case was brought by Jason Daubert and Eric Schuller, who were born with serious birth defects. Along with their parents, they sued Merrell Dow Pharmaceuticals Inc., claiming that the drug Bendectin had caused their birth defects. Merrell Dow moved the case to federal court and submitted documents from an expert stating that no published scientific study linked Bendectin to birth defects in humans. The district court granted summary judgment in favour of Merrell Dow, and Daubert and Schuller appealed to the Ninth Circuit, which upheld the lower court's decision. The Supreme Court then reversed and remanded the case to the Ninth Circuit Court of Appeals, which again upheld the original grant of summary judgment for the defendant.
Prior to the Daubert case, the Frye Standard was the dominant framework for determining the admissibility of scientific evidence in federal courts. The Frye Standard focused on the general acceptance of scientific evidence within a particular field. In contrast, the Daubert Standard introduced a flexible reliability standard, requiring experts to provide relevant opinions grounded in reliable methodology. This shift aimed to ensure fair and rational resolutions of scientific and technological issues in product liability cases and reduce the influence of so-called "junk science" in courtrooms.
The Daubert Standard has been expanded and clarified in subsequent Supreme Court cases, including General Electric Co. v. Joiner (1997) and Kumho Tire Co. v. Carmichael (1999). These cases, along with Daubert, are often referred to as the "Daubert Trilogy." While the Daubert Standard is now the law in federal court and over half of the states, some jurisdictions, including California, Illinois, Pennsylvania, and Washington, continue to adhere to the Frye Standard.
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The Daubert Trilogy
In the first case, Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye standard for assessing the admissibility of scientific expert testimony. Instead, the Court established a flexible reliability standard, allowing for the consideration of various factors to determine the admissibility of expert testimony. This case marked a shift from the conservative gatekeeping role of trial courts under Frye, which focused on the general acceptance of scientific evidence within a particular field.
The second case, General Electric Co. v. Joiner, affirmed the role of district court judges in excluding expert testimony when there are gaps between the evidence relied on by an expert and their conclusions. The Court also clarified the proper standard for appellate courts to review a trial court's decision on admitting expert testimony, emphasising the importance of discretion.
Kumho Tire Co. v. Carmichael, the third case of the trilogy, extended the Daubert standard beyond scientific testimony. The Supreme Court ruled that the Daubert standard may apply to non-scientific testimony, including the testimony of engineers and other experts who are not scientists. This decision further emphasised the flexible nature of Rule 702 and provided trial judges with guidance on assessing the reliability of proffered testimony, often referred to as the "Daubert Factors" or "Daubert Prongs".
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Expert witness testimony
In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. The Daubert standard supplanted the Frye standard, which was based on a 1923 Federal Court of Appeals ruling involving the admissibility of polygraph evidence. The Daubert standard is now the law in federal court and over half of the states, but the Frye standard is still used in some jurisdictions, including California, Illinois, Pennsylvania, and Washington.
The Daubert standard is used to determine the admissibility of expert witness testimony in court. It is important for attorneys to be well-versed in the intricacies of the Daubert standard to ensure that their expert testimony is admitted at trial. To admit testimony under Daubert, it is crucial to consider the five enumerated Daubert factors, with the primary focus being on whether the expert based their conclusion on sufficient facts or data and whether the conclusion is derived from reliable principles and methods applied to the facts of the case.
If one side wishes to challenge an expert witness' testimony, they can file a "Daubert motion" or a "motion in limine" to exclude unqualified evidence from being presented to the jury. This motion can be brought before or during the trial. During the Daubert hearing, the court will determine whether the testimony will be admissible by assessing whether it is based on scientifically valid methodology.
The Daubert standard has been criticised for allegedly reducing the volume of so-called "junk science" in the courtroom by imposing higher barriers for toxic tort and product liability cases. However, it has also been noted that Daubert has not adhered to the Federal Rules philosophy of admitting all relevant testimony and relaxing the barriers to 'opinion' testimony.
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Admissibility of evidence
In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. The Daubert standard is now the law in federal court and over half of the states, although some states, including California, Illinois, Pennsylvania, and Washington, still adhere to the Frye standard. The Daubert standard is used to evaluate the admissibility and reliability of expert witness testimony.
The Daubert standard is based on three United States Supreme Court cases, known as the "Daubert Trilogy":
- Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993): This case 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. Instead, it incorporated a flexible reliability standard.
- General Electric Co. v. Joiner (1997): This case held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and their conclusion.
- Kumho Tire Co. v. Carmichael (1999): The Supreme Court ruled that the Daubert standard may apply to non-scientific testimony, such as the testimony of engineers and other non-scientific experts.
The Daubert guidelines consist of five factors for consideration when evaluating the admissibility of expert witness testimony:
- Whether the expert's technique or theory can be tested and assessed for reliability.
- Whether the technique or theory has been subject to peer review and publication.
- The known or potential rate of error of the technique or theory.
- The existence and maintenance of standards and controls.
- Whether the technique or theory has been generally accepted in the scientific community.
These criteria aim to prevent unreliable or "junk science" from being presented as evidence in an expert's substantive testimony. The burden is on the proponent of the testimony to establish its admissibility by a preponderance of proof. Attorneys must be well-versed in the intricacies of the Daubert standard to ensure that their expert testimony is admitted at trial.
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Federal Rules of Evidence
The Federal Rules of Evidence govern the admission or exclusion of evidence in most proceedings in the United States federal trial courts. The rules were initially passed by Congress in 1975, after several years of drafting by the Supreme Court. They are a set of straightforward and relatively short rules compared to other sets of court rules, such as the Federal Rules of Civil Procedure. The Federal Rules of Evidence are broken down into 11 articles.
Some examples of the Federal Rules of Evidence include:
- Rule 101: Scope and Definitions
- Rule 102: Purpose
- Rule 103: Rulings on Evidence
- Rule 104: Preliminary Questions
- Rule 105: Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes
- Rule 401: Test for Relevant Evidence
- Rule 402: General Admissibility of Relevant Evidence
- Rule 403: Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
- Rule 404: Character Evidence; Other Crimes, Wrongs, or Acts
- Rule 405: Methods of Proving Character
The Daubert Standard is a rule of evidence regarding the admissibility of expert witness testimony. It supplanted the Frye Standard, which focused on the general acceptance of scientific evidence within a particular field. The Daubert Standard is used in all federal courts and over half of the states, while some states still adhere to the Frye Standard. A party may raise a Daubert motion to exclude unqualified evidence from being presented to the jury. This motion is not binding on other courts of law, but judges may choose to follow that precedent. Federal Rule of Evidence 702 was modified based on the Daubert trilogy of cases.
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Frequently asked questions
The Daubert Standard is a rule of evidence regarding the admissibility of expert witness testimony in federal court. It is used to determine whether an expert’s methodology is valid and reliable.
Prior to the Daubert ruling, the Frye Standard was the dominant approach, which allowed for expert testimony if it was based on methodologies that were generally accepted in the scientific community.
The Daubert Standard has been described as a turning point, setting a new precedent for the admissibility of expert testimony. It has been applied to non-scientific testimony and has been adopted by the majority of states.
The Daubert Test is another term for the Daubert Standard. It is used to evaluate the admissibility and reliability of expert witness testimony.
