The Less Stringent Frye Test is Baaaaack to Determine the Admissibility of Expert Testimony

There are two competing tests for a trial court to determine the admissibility of reliable expert testimony / opinions. One method is known as the Daubert test. The other as the Frye test. Both are named after respective cases. The Daubert test is used in federal court. The Frye test was used in Florida until 2013 when the Florida Legislature modified the evidence code to reflect the application of the Daubert test. The Daubert test is widely considered a more stringent test relative to the admissibility of expert opinions at trial where trial courts perform certain gatekeeper functions to determine the reliability of an expert’s methodology (Check this...

15 February

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Make Sure Your Expert’s Opinion is Reliable

Posted by David Adelstein

in Uncategorized

I use expert witnesses in many cases. Many. Experts are an important part of cases, particularly complicated disputes where an expert opinion is absolutely warranted. But, as I have discussed in prior articles, an expert's opinion needs to have a foundation of reliability, which is governed by the Daubert standard. Without ensuring that an expert's opinion is reliable, then parties will hire the Joe Blows of the world, pay them a minimal dollar amount, for an outrageous, unsupported, and unqualified opinion. This, of course, provides no value. Hence, the Daubert standard or test "requires that '[t]he testimony is based upon sufficient...

10 January

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Expert Opinion Testimony and Understanding Daubert’s Gatekeeping Test

Posted by David Adelstein

in Evidence, Expert Testimony

Expert opinion testimony is an important aspect of complex civil litigation. Expert testimony assists in proving or disproving liability and damages. A credible and persuasive expert can make the difference in a case and retaining experts, generating expert opinions, and the manner in which expert opinions are presented should not be taken lightly. Regarding expert testimony, Florida Statute s. 90.702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in...