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In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony.A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury.
The Federal Rules do not say what falls within the definition of an "ultimate issue." However, a long history of case law on the subject suggests that an expert witness runs afoul if he uses the same words (words with legal meaning) that will ultimately be presented to the jury.
Rule 702 of the Federal Rules of Evidence provides (in part): If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion ...
Rule 613. Witness's Prior Statement; Rule 614. Court's Calling or Examining a Witness; Rule 615. Excluding Witnesses; Opinions and Expert Testimony. Rule 701. Opinion Testimony by Lay Witnesses; Rule 702. Testimony by Expert Witnesses; Rule 703. Bases of an Expert's Opinion Testimony; Rule 704. Opinion on an Ultimate Issue; Rule 705.
In the United States, under the Federal Rule of Evidence 702 (FRE), an expert witness must be qualified on the topic of testimony. In determining the qualifications of the expert, the FRE requires the expert have had specialized education, training, or practical experience in the subject matter relating to the case. [ 14 ]
It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific community. In Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993), the U.S. Supreme Court held that the Federal Rules of Evidence superseded Frye as the standard for ...
The report, which cites witness testimony, financial records, and text message exchanges, found that Gaetz violated Florida law and House ethics rules while he was a member of Congress, and ...
The expert's conclusion that a defect in the tire caused the accident rested on certain observations about the tire that Kumho Tire vigorously disputed. Kumho also disagreed with certain aspects of the tire expert's methodology, and asked the federal district court hearing the case to exclude it under Rule 702 of the Federal Rules of Evidence.