Gatekeeping Function

Gatekeeping Function

Gatekeeping Function

Under Daubert and Kumho Tire, the trial court must determine that expert testimony rests on a reliable foundation and is relevant to the task at hand. The obligation applies to all expert testimony, not only scientific.

Review is for abuse of discretion.

Alternative Names:

Gatekeeper Role, Judicial Gatekeeping

Why it Matters?

The abuse of discretion standard means gatekeeping decisions are rarely reversed, which makes the trial court ruling effectively final and raises the stakes of the initial motion. It also produces inconsistency, since two courts can reach opposite conclusions on similar testimony without either being reversed. Judge-specific research on prior Daubert rulings is accordingly more useful than circuit-level authority.

Frequently asked questions

What is the standard of review?

What is the standard of review?

Abuse of discretion, which means gatekeeping rulings are rarely reversed and the trial court decision is effectively final.

Does gatekeeping apply beyond scientific testimony?

Does gatekeeping apply beyond scientific testimony?

Yes. Kumho Tire extended it to technical and other specialized knowledge, covering all expert testimony.