A Daubert motion challenges expert testimony under Rule 702, arguing the witness is not qualified, the methodology is unreliable, the methodology was not reliably applied to the facts, or the opinion will not assist the factfinder.
Courts may rule on the papers or hold a Daubert hearing with live testimony before deciding.
Alternative Names:
Motion to Exclude Expert, Expert Challenge Motion
Why it Matters?
In cases where causation or defect requires expert proof, a granted Daubert motion is dispositive, which is why these motions are usually filed alongside summary judgment. The record is built during the expert deposition rather than in the briefing, so the deposition should be taken with the motion's specific grounds in mind, pinning the expert to methodology, data relied on, and the analytical steps connecting them.
Frequently Confused with
Related terms
Frequently asked questions
When should a Daubert motion be filed?
Is a hearing required?
