September 16, 2015
The Daubert Standard is used by a trial judge to make an assessment of whether an expert’s scientific testimony is based on reasoning that is scientifically valid and can be properly applied to the facts of a case. The Daubert standard is the test currently used in the federal courts and some state courts.
As legal professionals know, expert opinions must meet the Daubert Standard in order to survive a Daubert challenge. An expert will not survive a Daubert Challenge if he/she purports that his/her opinions make sense solely because he/she is an expert in that field.
Be sure that your expert witness is ready to pass the Daubert Test. Here are some helpful tips to ensure your expert is ready for deposition:
- whether the theory or technique in question can be and has been tested;
- whether it has been subjected to peer review and publication;
- its known or potential error rate;
- the existence and maintenance of standards controlling its operation;
- whether it has attracted widespread acceptance within a relevant scientific community.
Source: Cornell University Law School
Your case is all too often won or lost based upon your expert witnesses’ testimony. Selecting the best expert witness is therefore an important role of a litigator. We hope these tips will help ensure your expert is ready to take on a Daubert Challenge.