Daubert Standard Scientific Evidence Admissibility Information
Daubert factors: the theory or technique can be: tested (falsifiable), the theory or technique has been: subjected to peer review and publication, the known or potential rate of error, the existence of standards controlling the technique's operation, and the general acceptance of the theory or technique in the relevant scientific community. The judge's role: the judge acts as a gatekeeper (the judge must: evaluate the reliability of the expert's methodology before the expert may testify). Distinguished from Frye: the Frye standard required: general acceptance in the scientific community (a single factor), while Daubert uses: a multi-factor reliability analysis (a more flexible approach).
Florida Legal Definition
The Daubert standard in Florida is codified at Florida Statutes §90.702 (Testimony by Experts). Under §90.702 (as amended in 2013): a witness qualified as an expert may testify if: the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts. Under Florida case law (In re Amendments to the Florida Evidence Code, 2018): the Florida Supreme Court initially rejected Daubert but subsequently accepted it. Under Florida practice: Daubert motions are: filed before trial to: exclude unreliable expert testimony.
How It's Used in Practice
Attorneys manage Daubert challenges. For proponents: select well-qualified experts, ensure the expert's methodology is: reliable, tested, and peer-reviewed, prepare the expert for a Daubert hearing, and present the expert's qualifications and methodology to the court. For opponents: file a Daubert motion to exclude (challenging the expert's methodology, qualifications, or application), cross-examine the expert at the Daubert hearing, present contrary expert testimony, and preserve the issue for appeal. The attorney advises: Daubert requires the court to evaluate: the reliability of the expert's methodology; prepare the expert thoroughly; the Daubert motion is a critical pre-trial tool.
Key Takeaways
- §90.702: FL adopted Daubert standard (2013).
- Judge is gatekeeper for expert testimony reliability.
- Factors: testable, peer-reviewed, error rate, standards, and acceptance.
- Daubert motion: critical pre-trial tool.
- Replaced Frye general acceptance standard.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC