Evidence-Wellborn SU2006 Outline

Kumho tire company ltd v carmichael expert testimony

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Unformatted text preview: timony: Reliability, Relevancy, and Gatekeeping (Daubert) [FRE 702] GENERAL NOTES: The testimony is the product of reliable principles and methods, Second requirement of admissibility of expert testimony under FRE 702; now governed by Daubert Admissibility of scientific expert testimony Daubert factors: Before Daubert - admissibility of scientific expert testimony was governed by Frye factors: Required the proponent of such evidence to demonstrate that the scientific theory or technique was GENERALLY ACCEPTABLE in the relevant scientific community. After Daubert Trial judges have the responsibility to act as gatekeepers and to admit a scientific opinion only if it is shown to be reliable. Court's opinion included a list of factors for trial judges to consider in determining reliability under Rule 702: Non exclusive list! Whether the theory or technique in question has been or can be tested Subject to peer review and publication? Known or potential rate of error? Extent to which the theory or technique has been accepted NOTE: Texas does not codify Daubert (read TX 702) but follows it: Decided it was pointless to codify case law DAUBERT v. MERRE...
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