What is the 702 rule?
Rule 702. Testimony by Expert Witnesses. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help.
Is Minnesota a Daubert state?
Frye-Mack Overview Unlike most other states in the nation, Minnesota has declined to adopt the Daubert standard in its state courts. Instead, Minnesota is one of about a dozen states with a Frye or “Frye-plus” standard. Under this standard, scientific evidence and expert opinions must satisfy a test based on Frye v.
How is the Daubert decision related to the Frye standard and Rule 702?
In Daubert, the Court held that the twin standards of Rule 702—relevance and reliability—are incompatible with the stricter “general acceptance” test. Importantly, Joiner also set forth the proper standard of review for appellate courts deciding on a district court’s expert testimony evidentiary rulings.
Which states use Daubert standard?
While states who have adopted Daubert are in the majority, some 18 states have adopted modified versions of Daubert: Alaska, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Indiana, Iowa, Maine, Maryland, Montana, New Mexico, Tennessee, Texas, Utah, and West Virginia.
Is Rule 702 The Daubert standard?
The federal courts are all governed by the Daubert standard. Each state also has a Rule of Evidence defining the rules under which an expert can testify. In most states, this rule is codified as Rule of Evidence 702.
When was Rule 702 created?
1975
Federal Rules of Evidence, Rule 702 In 1975, more than a half-century after Frye was decided, the Federal Rules of Evidence were adopted for litigation in federal courts. They included rules on expert testimony.
What is Frye Mack?
Under the Frye-Mack standard, a novel scientific theory may be admitted if two requirements are satisfied. The district court must first determine whether the novel scientific evidence offered is generally accepted in the relevant scientific community.
What is the difference between the Frye test and the Daubert test?
The main difference between Daubert and Frye is the expanded approach of Daubert. Frye is more easily explained, given that the standard principally focuses on a singular question: whether the expert’s opinion is generally accepted by the relevant scientific community.
How are the Daubert and Frye standards similar?
In theory, Daubert admits evidence which courts may find reliable, yet not generally accepted, methodologies, and keeps out evidence which relies on a scientifically accepted method yet yields “bad science.” Conversely, under Frye, new methods that produce “good science” are excluded if they have not yet reached the …
Where is the Daubert standard used?
federal courts
The Daubert standard is the test currently used in the federal courts and some state courts. In the federal court system, it replaced the Frye standard, which is still used in some states.
What does the Daubert standard state?
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.