CHAPTER 73
EXPERT WITNESSES AND THE DAUBERT CHALLENGE
Chey Cobb
73.2.1 Expert Witnesses' Testimony
73.3 WHETHER THE DAUBERT CHALLENGE IS APPLICABLE: REFINING DAUBERT
73.3.1 General Electric Co. v. Joiner
73.3.2 Kumho Tire Co. v. Carmichael
73.5 BEING THE BEST YOU CAN BE
73.5.2 Find Out Exactly What Testimony Is Expected
73.5.5 Prepare a Written Report
73.5.6 Ask for Pretrial Meetings
73.1 INTRODUCTION.
Whenever science or technology enters the courtroom, there must surely be an expert who can give clear and proper explanations of the subject matter to the judge and jury. As new sciences and technologies have emerged, the courts have had to decide if a person is, indeed, an expert and whether or not the science is real and admissible.1
In 1923, the United States courts began accepting scientific evidence based on a new rule. That rule used the “general acceptance” test to determine if evidence was legitimate. This test was based on the rulings in Frye v. United States, which declared that if a scientific practice was generally accepted among the scientific community in which it was practiced, it could be admitted in court. This has become generally referred to as the Frye test.2
In 1975, the federal government made the scientific assertions ...
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