Daubert Standard

Daubert Standard

The Daubert standard is a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy refers to the three United States Supreme Court cases that articulated the Daubert standard:

• Daubert v. Merrell Dow Pharmaceuticals, which held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye "general acceptance" test as a basis for assessing the admissibility of scientific expert testimony;
• General Electric Co. v. Joiner, which held that an abuse-of-discretion standard of review was the proper standard for appellate courts to use in reviewing a trial court's decision of whether expert testimony should be admitted;
• Kumho Tire Co. v. Carmichael, which held that the judge’s gatekeeping function identified in Daubert applies to all expert testimony, including that which is non-scientific.

Two of the most important appellate level opinions that clarify the standard include Judge Kozinski's opinion in Daubert on remand (Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir. 1995)), and Judge Becker's opinion in In re Paoli R.R. Yard PCB Litig., 35 F.3d 717 (3d Cir. 1994). Weisgram v Marley Co, 528 US 440 (2000) is also considered a significant case.