LAW 545-001 – Evidence

Daubert Standard


Daubert set forth a non-exclusive checklist for trial courts to use in assessing the reliability of scientific expert testimony. The specific factors explicated by the Daubert Court are

  1. whether the expert's technique or theory can be or has been tested—that is, whether the expert's theory can be challenged in some objective sense, or whether it is instead simply a subjective, conclusory approach that cannot reasonably be assessed for reliability;
  2. whether the technique or theory has been subject to peer review and publication;
  3. the known or potential rate of error of the technique or theory when applied;
  4. the existence and maintenance of standards and controls; and
  5. whether the technique or theory has been generally accepted in the scientific community.

Daubert applies to all expert testimony.