Daubert Standard for Expert Testimony Information
Under the Daubert standard: the trial judge serves as gatekeeper (determining whether the expert testimony is admissible before the jury hears it), the expert's methodology must be: reliable (based on sufficient facts or data, the product of reliable principles and methods, and reliably applied to the facts of the case), and relevant (the testimony must be relevant to an issue in the case and must assist the jury in understanding the evidence). Factors the court considers: whether the theory or technique has been tested, whether it has been subjected to peer review and publication, the known or potential error rate, the existence and maintenance of standards controlling the technique, and the degree of acceptance within the relevant scientific community.
Florida Legal Definition
Florida adopted the Daubert standard in: 2019 (the Florida Legislature amended §90.702 to adopt the Daubert standard, replacing the Frye general acceptance test that Florida had previously used). Under §90.702 (as amended): a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion if: the expert's scientific, technical, or other specialized knowledge will help the trier of fact, the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case. In 2023, the Florida Supreme Court officially accepted the Daubert standard (In re Amendments to the Florida Evidence Code, adopting §90.702 as a procedural rule).
How It's Used in Practice
Attorneys manage Daubert challenges for expert witnesses. For the party offering the expert, the attorney: selects qualified experts (with appropriate education, experience, and credentials), ensures the expert's methodology is reliable (based on: tested techniques, peer-reviewed publications, and accepted standards), prepares the expert for the Daubert challenge (the expert must articulate: the methodology, the data relied upon, and the reliability of the conclusions), and files a response to the Daubert motion (defending the expert's qualifications and methodology). For the party challenging the expert, the attorney: files a Daubert motion (requesting the court exclude the expert's testimony), identifies the methodological flaws (unreliable data, untested techniques, or improper application), presents opposing expert testimony (demonstrating the methodology is unreliable), and argues the testimony does not assist the jury. The attorney advises: Daubert challenges are increasingly common in Florida; experts must be prepared to defend their methodology to the court.
Key Takeaways
- Daubert: trial judge is gatekeeper for expert testimony admissibility.
- FL adopted Daubert in 2019 (§90.702 amendment); accepted by Supreme Court in 2023.
- Expert methodology must be: reliable and relevant.
- Factors: tested, peer-reviewed, error rate, standards, and acceptance.
- Replaced Frye general acceptance test.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC