Daubert Standard Expert Testimony Admissibility Information
How Daubert works: the trial court acts as gatekeeper (the judge determines: whether the expert testimony is admissible before the jury hears it), the court evaluates: the reliability of the methodology (the expert's opinion must be based on: sufficient facts, reliable principles, and reliable methods), the court evaluates: the relevance (the testimony must: help the trier of fact understand the evidence or determine a fact in issue), and the court may consider: whether the methodology can be tested, whether it has been peer-reviewed, the known error rate, and whether it is generally accepted. Distinguished from Frye: the Frye test required only: general acceptance in the relevant scientific community, while Daubert requires: a broader evaluation of reliability.
Florida Legal Definition
The Daubert standard in Florida is codified at Florida Statutes §90.702 (Testimony by Experts) and §90.704 (Basis of Opinion Testimony by Experts). Under §90.702: expert testimony is admissible if: the testimony is based on sufficient facts, the testimony is the product of reliable principles and methods, and the expert has reliably applied the principles and methods to the facts. Under Florida case law: the Florida Supreme Court recognized the applicability of Daubert in In re Amendments to Florida Evidence Code (2019). Under Florida practice: common Daubert challenges involve: medical causation, accident reconstruction, forensic evidence, and financial projections.
How It's Used in Practice
Attorneys manage Daubert challenges. For proponents: present the expert's qualifications, demonstrate the reliability of the methodology, show the methodology was properly applied to the facts, and prepare the expert for a Daubert hearing. For opponents: file a Daubert motion to exclude the expert, challenge the reliability of the methodology, argue the expert did not properly apply the methodology, and cross-examine the expert at the Daubert hearing. The attorney advises: Daubert is the current standard in Florida; the trial court is the gatekeeper; focus on methodology reliability; prepare for Daubert hearings; common areas of challenge include: medical causation and forensic evidence.
Key Takeaways
- §90.702: FL Daubert standard for expert testimony.
- Trial court acts as gatekeeper.
- Must show: sufficient facts + reliable methods + proper application.
- Replaced Frye general acceptance test in 2013.
- Common challenges: medical causation and forensic evidence.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC