![]() ![]() The degree to which the relevant scientific community has accepted the theory.The theory's known or potential rate of error and whether there are standards that control its operation, and.Whether the theory has been subjected to peer review or publication,.Whether the theory can be or has been tested,.In ruling on admissibility, the court considers the following factors: The proponent must show that the expert's underlying reasoning or methodology, and its application to the facts, are scientifically valid. 2786 (1993).ĭuring a pretrial Daubert hearing, a court will review the evidence outside the jury's presence. The Daubert Test is a method that federal district courts use to determine whether expert testimony is admissible under Federal Rule of Evidence 702, which generally requires that expert testimony consist of scientific, technical, or other specialized knowledge that will assist the fact-finder in understanding the evidence or determining a fact in issue. ![]() 2014).īecause expert evidence is beyond the realm of judges’ and jurors’ everyday experiences, the prosecution and defense use expert witnesses to introduce evidence at trial. Evidence, Black's Law Dictionary (10th ed. What is expert evidence? According to Black's Law Dictionary,expert evidence is "fact or opinion evidence that purports to draw on specialized knowledge of a science or to rely on scientific principles for its evidentiary value". ![]()
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