The Daubert standard governs the admissibility of expert testimony in federal court and in most states. It directs the trial judge to assess whether the expert's reasoning and methodology are scientifically valid and properly applied, considering factors such as testability, peer review, known error rates, standards controlling the technique, and general acceptance.
The December 2023 amendment to Federal Rule of Evidence 702 clarified that the proponent must establish admissibility by a preponderance of the evidence, and that the expert's opinion must reflect a reliable application of the methodology to the facts of the case.
Alternative Names:
Daubert Test
Why it Matters?
In product liability, toxic tort, and medical malpractice defense, a successful Daubert motion frequently ends the case, because plaintiffs cannot prove causation without expert testimony. Motion practice is therefore concentrated at the expert phase, and the record built during expert depositions is what makes or breaks the challenge.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between Daubert and Frye?
Did the 2023 amendment to Rule 702 change the standard?
When should a Daubert motion be filed?
