Daubert in the State Courts

The Daubert trilogy of Untied States Supreme Court decisions -? Daubert, Joiner, and Kumho Tire, codified in Federal Rule of Evidence 702 — has established new rules for the admissibility of expert witness evidence in federal court. However, the standards for admissibility of expert witness evidence in state courts is far more unsettled. George Mason University Law Professor David Bernstein and Jeffrey D. Jackson have published this handy law review article that analyzes the degree to which the holdings of the Daubert trilogy have been adopted by state courts. Surprisingly, there remains a wide diversity of tests within the states that, contrary to most lawyers’ popular belief, the Daubert trilogy is not yet the majority standard. A good article to review for lawyers who commonly deal with expert witness issues.

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