Use
Although the Daubert standard is now the law in federal court and over half of the states, the Frye standard remains the law in jurisdictions including California, Florida, Illinois, Maryland, New York, New Jersey, Pennsylvania, and Washington.
Although trial judges have always had the authority to exclude inappropriate testimony, prior to Daubert, trial courts often preferred to let juries hear evidence proffered by both sides. Once certain evidence has been excluded by a Daubert motion because it fails to meet the relevancy and reliability standard, it will likely be challenged when introduced again in another trial. Even though a Daubert motion is not binding to other courts of law, if something was found not trustworthy, other judges may choose to follow that precedent. Of course, a decision by the Court of Appeals that a piece of evidence is inadmissible under Daubert would be binding on district courts within that court's jurisdiction.
Read more about this topic: Daubert Standard
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—Elizabeth Stuart Phelps (1844–1911)