The strict locality rule compares the defendant to practitioners in the same community, while modified versions use similar communities or consider locality as one factor. Most states have moved toward a national standard.
A minority retain locality considerations.
Alternative Names:
Locality Standard, Same Locality Rule
Why it Matters?
Where locality applies, it restricts the available expert pool and can defeat testimony from a witness unfamiliar with practice conditions in the relevant community. That makes it a qualification challenge distinct from specialty matching. The rule's decline reflects standardized training, national board certification, and uniform clinical guidelines, which most courts have concluded make geographic distinctions untenable for most specialties.
Frequently Confused with
Related terms
Frequently asked questions
Where does the locality rule survive?
Why has it declined?
