Fifty-State Survey: Daubert v. Frye—Admissibility of Expert Testimony

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The importance of experts in litigation has increased over the years, and a significant body of case law has emerged interpreting the Daubert trilogy and Rule 702 standard. While the federal courts enjoy a relatively uniform standard to apply in this important area, states remain divided in their approach to admission of expert testimony. Many states have adopted the Daubert standard, a few have retained Frye, and many others have modified the Daubert and Frye approaches to create their own standard. The Trial Evidence Committee of the ABA’s Section of Litigation has closely followed the developments regarding admissibility of expert evidence over the years, and has endeavored to create an updated survey to aid practitioners in navigating the various approaches in the state courts. This book provides an analysis of the standard employed by each state for the admissibility of expert testimony. The appendices contain helpful materials for the practitioner in formulating strategy for expert discovery and admission.

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