LAW 545-001 – Evidence
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
- 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;
- whether the technique or theory has been subject to peer review and publication;
- the known or potential rate of error of the technique or theory when applied;
- the existence and maintenance of standards and controls; and
- whether the technique or theory has been generally accepted in the scientific community.
Daubert applies to all expert testimony.