Define: Daubert Hearing

A Daubert hearing is a pre-trial hearing in a civil or criminal case where the judge determines the admissibility of expert testimony. It is named after the landmark Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc.

The purpose of a Daubert hearing is to ensure that any expert testimony presented in court is based on reliable scientific methodology and principles. The judge evaluates the qualifications and methodology of the expert witness to determine if their testimony is admissible.

During a Daubert hearing, the judge considers several factors, including whether the expert’s theory or technique can be tested, whether it has been subjected to peer review, the known or potential error rate, and whether the theory or technique is generally accepted in the scientific community.

Either party in a case can request a Daubert hearing. It is often requested by the party opposing the admission of expert testimony to challenge the reliability and relevance of the expert’s opinions.

If the judge excludes expert testimony during a Daubert hearing, it means that the expert’s opinions and evidence will not be presented to the jury. This can significantly impact the strength of a party’s case.

Yes, a party can appeal the judge’s decision regarding the admissibility of expert testimony during a Daubert hearing. However, the standard of review is usually deferential to the trial judge’s discretion.

No, Daubert hearings are applicable in both federal and state courts. However, some states may have their own standards for evaluating the admissibility of expert testimony.

Yes, while Daubert hearings are commonly associated with scientific or technical expert testimony, they can also be used to challenge the admissibility of non-scientific expert testimony, such as economic or forensic experts.

Yes, both parties can present multiple expert witnesses during a Daubert hearing to support their respective positions on the admissibility of expert testimony. The judge will evaluate each expert’s qualifications and methodology individually.

A Daubert hearing focuses on the reliability and methodology of expert testimony, while a Frye hearing focuses on whether the scientific technique or principle is generally accepted in the relevant scientific community. Daubert is the more widely used standard in federal courts, while some states still follow the Frye standard.