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Expert witness evidence rule in American law
the Daubert standard (/ˈdɔːbərt/ DAW-bərt) is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion
Daubert_standard
1993 United States Supreme Court case
States Supreme Court case determining the standard for admitting expert testimony in federal courts. In Daubert, the Court held that the enactment of the
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Daubert_v._Merrell_Dow_Pharmaceuticals,_Inc.
U.S. legal test on the admissibility of scientific evidence
the reliability and "general acceptance." While Daubert has superseded Frye, the standard of Daubert is not substantially different. While the focus of
Frye_standard
Person whose opinion is accepted by the judge as an expert
expert standard in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993). The Daubert standard arose out of the 1993 U.S. Supreme Court case Daubert v. Merrell
Expert_witness
Property of a statement that can be logically contradicted
considered the original Daubert factors, but the amended rule, rule 702, even though it is often referred to as the ''Daubert'' standard, does not include the
Falsifiability
1999 United States Supreme Court case
137 (1999), is a United States Supreme Court case that applied the Daubert standard to expert testimony from non-scientists. Patrick Carmichael was driving
Kumho_Tire_Co._v._Carmichael
Scientific data considered to be spurious or fraudulent
Stevens: An example of 'junk science' that should be excluded under the Daubert standard as too unreliable would be the testimony of a phrenologist who would
Junk_science
Mental illness with multiple personality states
Frye test as a generally accepted medical condition, and the newer Daubert standard. Within legal circles, DID has been described as one of the most disputed
Dissociative identity disorder
Dissociative_identity_disorder
1992 film directed by Jonathan Lynn
decision Kumho Tire Co. v. Carmichael and its holding regarding the Daubert standard, which governs when expert witnesses can testify in U.S. federal trials
My_Cousin_Vinny
2013 murder trial in Florida, United States
the case Florida switched to the Daubert standard, effective July 1. The Daubert standard is a more modern standard that considers several factors (not
Trial_of_George_Zimmerman
Connecting psychology and the justice system
of the case the Frye standard was considered the correct standard of evidence. This Daubert standard eventually became the standard used by the U.S. Supreme
Forensic_psychology
Device purported to detect lies
supervision, particularly of sex offenders. In Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993), the old Frye standard was lifted and all forensic evidence,
Polygraph
Abuse of its dependents by an institution
analysis concludes that this study is reliable under the Frye standard and the Daubert standard. The term received increased attention based on White House
Institutional_betrayal
American politician and attorney (born 1951)
asked Petersen about basic legal procedure, whether he knew what the Daubert standard was and what a motion in limine was. Petersen struggled to answer.
John Kennedy (Louisiana politician)
John_Kennedy_(Louisiana_politician)
Solemn attestation as to the truth of a matter
know from their own experience and competence. Bayesian epistemology Daubert standard Deposition Eyewitness memory Direct examination Hostile witness In
Testimony
Recreating faces from skeletal remains
eventually lead to the positive identification of remains. In the U.S., the Daubert Standard is a legal precedent set in 1993 by the Supreme Court regarding the
Forensic facial reconstruction
Forensic_facial_reconstruction
Recovery of evidence from mobile devices
how it maintains standards for forensic soundness; and how it meets legal requirements such as the Daubert standard or Frye standard. As a field of study
Mobile_device_forensics
Motion to request that certain testimony be excluded
contrary to the tribunal's order is a ground for a mistrial. Law portal Daubert standard Garner, Brian A., ed. (1999). "In limine". Black's Law Dictionary (7th ed
Motion_in_limine
Branch of forensic science
used to extract it. In the US, forensic tools are subjected to the Daubert standard, where the judge is responsible for ensuring that the processes and
Digital_forensics
1997 United States Supreme Court case
exclude expert testimony. The case is notable for helping articulate the Daubert standard. Joiner had worked around transformers as an electrician since 1973
General Electric Co. v. Joiner
General_Electric_Co._v._Joiner
Subspeciality of psychiatry related to criminology
type of work. Forensic psychology Daubert v. Merrell Dow Pharmaceuticals, Inc. which established the Daubert standard delimiting the admissibility of scientific
Forensic_psychiatry
experts' testimonies as "unreliable" and not in adherence with the Daubert standard. Regarding Baccarelli's, Cote summarized that he "cherry-picked and
False or misleading statements by Donald Trump (second term)
False_or_misleading_statements_by_Donald_Trump_(second_term)
Scholar who deals with the exploration and presentation of history
under the Daubert standard in the United States. Schneider proposed this, because, in her opinion, Irving could not have passed the standard Daubert tests
Historian
Prescription drug for pregnancy morning sickness
testimony in federal courts in lieu of the Frye standard. Daubert v. Merrell Dow Pharmaceuticals Daubert standard Persaud N, Meaney C, El-Emam K, Moineddin
Pyridoxine/doxylamine
Purported childhood mental disorder
testimony alleging PAS has been challenged under the Frye test and Daubert standard, to evaluate if it has sufficient scientific basis and acceptance within
Parental_alienation_syndrome
Measurement of bloodflow to the penis
comprehensive "reliable foundation" test in Daubert v. Merrell Dow Pharmaceuticals. In the Daubert standard, the "generally accepted" test was no longer
Penile_plethysmography
Battery of tests used by police officers
that an expert establish a reliable foundation, as required under the Daubert standard. The second test that is usually administered is the walk and turn
Field_sobriety_testing
Austrian–British philosopher of science (1902–1994)
their decisions have invoked Popper's criterion of falsifiability (see Daubert standard). In this context, passages written by Popper are frequently quoted
Karl_Popper
Commonly applied method of evaluation used to resolve matters of jurisprudence
test (Hand rule) Clear and present danger Consumer expectations test Daubert standard Frye test Imminent lawless action Insurance bad faith test Lemon test
Test_(law)
American pediatrician & attorney (born 1951)
which were filed prior to the federal judiciary's adoption of the Daubert standard for expert testimony in 1993. These lawsuits ultimately led to perhaps
David_A._Kessler
Term in law
Daubert v Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). See United States v Parra, 402 F.3d 752, 758 (7th Cir. 2005). "Daubert standard".
Foundation_(evidence)
Extent to which a measurement corresponds to reality
validity and reliability of evidence is evaluated using the Daubert Standard: see Daubert v. Merrell Dow Pharmaceuticals. Perri and Lichtenwald (2010)
Validity_(statistics)
control, it does not meet the scientific standards demanded by legal tests such as the Frye test and Daubert standard for admissibility in the United States
List of diagnoses characterized as pseudoscience
List_of_diagnoses_characterized_as_pseudoscience
Psychological test
states have ruled that the GSS does not meet either the Frye standard or the Daubert standard for the admissibility of expert testimony. In Soares v. Massachusetts(2001)
Gudjonsson Suggestibility Scale
Gudjonsson_Suggestibility_Scale
Topics referred to by the same term
defendant in a court case to testify on their behalf for whom the Daubert standard rule of evidence applies Hired Gun (Microsoft), a video game development
Hired_Gun_(disambiguation)
Chemical analysis of a hair sample
judicial admissibility of the test in the United States is guided by the Daubert standard. A notable court case was United States v. Medina, 749 F.Supp. 59 (E
Hair_analysis
US federal law enforcement agency
the evidence, and the tests used by the chemist did not meet any Daubert standards. During a federal court case for unlawful removal,[specify] CBP and
United States Customs and Border Protection
United_States_Customs_and_Border_Protection
2000 book by Robert L. Park
for Complementary and Alternative Medicine Park also discusses the Daubert standard for excluding junk science from litigation. I came to realize that
Voodoo_Science
Rights to privacy regarding brain imaging and analysis of neural data
technology; courts in the US typically follow the Daubert standard set for evidence evaluation by the Daubert v. Merrell Dow Pharmaceuticals, Inc. Supreme
Neuroprivacy
American attorney (born 1970)
his knowledge of legal procedure, asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He struggled to answer. In response
Matthew_S._Petersen
American behavioral geneticist (1928–2006)
witness on polygraph testing and personality assessment in the wake of Daubert standard requirements. Some of Lykken's work was funded by the Pioneer fund
David_T._Lykken
accepted and well established for assessing injury causation, under the Daubert standard. See Etherton v. Auto-Owners Insurance Company, No. 14-1164 (10th Cir
Forensic_epidemiology
American politician (born 1955)
revised Florida Statutes §90.702 and §90.704 to mirror the federal Daubert standard. He presented the related bill in committee and participated in the
Larry_Metz
American man wrongfully convicted of murder
set that evidence be ‘relevant and helpful’, however in 1993, the Daubert Standard would be introduced that added that expert testimony be from an established
Robert_Lee_Stinson_case
Application of neuroscience in law
consequences of Daubert v. Merrell Dow Pharmaceuticals. This United States Supreme Court case resulted in what is now known as Daubert Standard, which sets
Neurolaw
gatekeepers for allowing expert witnesses to testify in trials; see also Daubert Standard Hartford Fire Insurance Co. v. California 509 U.S. 764 (1993) application
List of United States Supreme Court cases by the Rehnquist Court
List_of_United_States_Supreme_Court_cases_by_the_Rehnquist_Court
Indian academic (1949–2022)
the individuality of handwriting. This work was cited in Daubert standard and Frye standard hearings in United States courts leading to the admission
Sargur_Srihari
American economist
Testimony on hedonic damages has been admitted infrequently under the Daubert standard and at least one court has challenged Smith's claim that his testimony
Stan_Smith_(economist)
American judge (1935–2024)
An Anatomy of Values: Problems of Personal and Social Choice (1970) Daubert standard List of law clerks for the ninth seat of the Supreme Court of the United
Charles_Fried
1983 United States Supreme Court case
testimony predicting dangerousness is widely considered unreliable, the Daubert standard has not curbed dubious expert testimony in capital cases. The Court's
Barefoot_v._Estelle
Relationship between intelligent design and science
doctrine does not meet the Daubert Standard, the criteria for scientific evidence mandated by the US Supreme Court. The Daubert Standard governs which evidence
Intelligent design and science
Intelligent_design_and_science
considerable implications for tort litigation. Daubert v. Merrell Dow Pharmaceuticals Daubert Standard Kumho Tire Co. v. Carmichael SKAPP Website, www
Project on Scientific Knowledge and Public Policy
Project_on_Scientific_Knowledge_and_Public_Policy
cycle of violence dangerous drug – dangerousness – date-rape drug – Daubert Standard – death penalty – deconstructionist theories – decriminalization –
Index_of_criminology_articles
Sex offender assessment tool
Assessment has been questioned; it has struggled at times to pass the Daubert standard for admissibility in federal and state courts. In 2002, the Abel Assessment
Abel_Assessment
Damages – Damnation – Dangerous weapon – Data protection – Date rape – Daubert standard – Day in court – de bonis asportatis – de bonis non administratis –
Index_of_law_articles
Professor of Law at Brooklyn Law School
ISBN 9780788188831 – via Google Books. Discussion of the Committee on Daubert Standards: Summary of Meetings. National Academies Press. 19 August 2006. ISBN 9780309102483
Margaret_A._Berger
questioned Petersen about legal procedure, asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He was unable to answer. Petersen's
Donald Trump judicial appointment controversies
Donald_Trump_judicial_appointment_controversies
Quantitative analysis of law
methods in criminology Rules of evidence for expert testimony Daubert standard Frye standard Simpson's paradox#UC Berkeley gender bias Survival analysis
Jurimetrics
American sociologist (born 1941)
of the judge's discretion. Ofshe has qualified under both Frye and Daubert standards over 50 times, despite challenges by prosecutors. After having to
Richard_Ofshe
American nonprofit organization
which, in conjunction with Daubert, comprise the so-called "Daubert trilogy" of cases that lay out the ''Daubert'' standard for expert witness testimony
Atlantic_Legal_Foundation
two standards used in the determination of admissibility of testimony regarding scientific evidence; the Daubert Standard and the Frye Standard. These
Scientific Working Group – Imaging Technology
Scientific_Working_Group_–_Imaging_Technology
Professional medical negligence in the US
as construed by Daubert. In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical. A problem with Daubert is that the presiding
Medical malpractice in the United States
Medical_malpractice_in_the_United_States
American legal case
expert and approved the government's real estate expert, applying the Daubert standard. He also clarified his prior ruling, to note that testimony on laches
Cayuga Indian Nation of New York v. Pataki
Cayuga_Indian_Nation_of_New_York_v._Pataki
held that the trial judge properly ruled that the testimony met the Daubert standards, and that it was within the discretion of the trial court to have
Hedonic_damages
American lawyer
410, 893 A.2d 625 (Md. App. 2006). Discussions of the Committee on Daubert Standards: Summary of Meetings. Nap.edu. 2006. doi:10.17226/11696. ISBN 978-0-309-10248-3
Patrick_A._Malone
American rock band
band would collaborate with percussionist Marc Daubert, a friend of Anastasio's, in the fall of 1984. Daubert ceased performing with the band in early 1985
Phish
the Daubert relevancy and reliability requirement. This federal test is applied to testimony given by expert witnesses. Despite the Daubert Standard's reliability
Forensic entomology and the law
Forensic_entomology_and_the_law
2015 decision by the California Court of Appeals
Supreme Court's holding in Daubert v. Merrell Dow Pharmaceuticals, Inc. that the Federal Rules of Evidence set the standard for the admissibility of such
People_v._Lazarus
Academic journal
Online Library". Journal of Texture Studies. doi:10.1111/(ISSN)1745-4603. Daubert, Christopher R. (2011). "The Future Direction of the Journal of Texture
Journal_of_Texture_Studies
Professional Base Ball Players and the Negro leagues, although the consistency, standards, and calculations are often incomplete or questionable. Since the National
Baseball_statistics
American guitarist (born 1964)
Marshall, Anastasio also reconnected with another childhood friend, Marc Daubert, who also became a collaborator. After seeing a Phish show, pianist Page
Trey_Anastasio
Alcohol-associated arrhythmia condition
PMID 30725870, retrieved 2024-02-15 Rosenthal L, Stokken GT, Smith RH, Daubert JP, Weiss HS, Budzikowski AS (17 October 2021). Talavera F, Compton SJ
Holiday_heart_syndrome
Used to measure the speed of vehicles
publications into its decision: The Court conducted an extensive four-day Frye [Daubert] hearing... [in which it] considered such issues as the basic science of
Lidar_traffic_enforcement
American philosopher
Ingarden but also other pupils of Husserl such as Adolf Reinach and Johannes Daubert. A special focus was on the theory of ontological dependence and part-whole
Barry_Smith_(ontologist)
Major League Baseball franchise
Dusty Baker (2024) Ron Cey (2025) Reggie Smith (2026) Brooklyn 1913 – Jake Daubert 1924 – Dazzy Vance 1941 – Dolph Camilli 1949 – Jackie Robinson 1951 – Roy
Los_Angeles_Dodgers
2000 New Zealand murders
(immunohistochemistry (IHC) and mRNA tests) performed on tissue found on Lundy's shirt. Daubert established that the admissibility of novel scientific evidence in a criminal
Lundy_murders
Bite caused by a spider
(11): 723–31. doi:10.1093/qjmed/95.11.723. PMID 12391384. Offerman, SR; Daubert, GP; Clark, RF (Summer 2011). "The treatment of black widow spider envenomation
Spider_bite
Major League Baseball franchise in Cincinnati, Ohio
Mike Mitchell – 1910–1912 Ivey Wingo – 1916 Heinie Groh – 1918–1921 Jake Daubert – 1922–1924 Edd Roush – 1925–1926 Bubbles Hargrave – 1927–1928 14 Pete
Cincinnati_Reds
1980 American guided-missile destroyer
Ore. 1987). Birmingham, Robert L.; Tara Shaw; Carolyn Shields (2003). "Daubert, Proof of a Prior, and the Soliton: Bernert Towboat Co. v. USS CHANDLER
USS_Chandler_(DDG-996)
testimony relating to science must be first evaluated by a judge, in a Daubert hearing, to be relevant and valid before it is admissible as evidence.
Wireless device radiation and health
Wireless_device_radiation_and_health
Chemical compound
and Steric Constants. Washington, DC: American Chemical Society. p. 19. Daubert, T.E.; Danner, R.P. (1989). Physical and Thermodynamic Properties of Pure
3-Chloroaniline
Arsenic compound and chemical weapon
Indiana University Press. p. 50. ISBN 0253346126. Tabangcura, D. Jr.; Daubert, G. P. "British anti-Lewisite Development". Molecule of the Month. University
Lewisite
Standard Batting". Baseball-Reference.com. Archived from the original on July 13, 2025. Retrieved July 13, 2025. "1921 Negro National League Standard
List of Major League Baseball batting champions
List_of_Major_League_Baseball_batting_champions
Medical device for artificially stimulating heart contractions
Archived from the original on 2019-02-02. Retrieved 2019-02-01. Bernstein AD, Daubert JC, Fletcher RD, Hayes DL, Lüderitz B, Reynolds DW, Schoenfeld MH, Sutton
Pacemaker
meet the necessary criteria for admissibility according to the Frye and Daubert guidelines. Some of the major concerns regarding the R-PAS include its
Rorschach Performance Assessment System
Rorschach_Performance_Assessment_System
Important decisions of US courts
extremely common, Anderson has become the most-cited Supreme Court case. Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) Scientific evidence
List of landmark court decisions in the United States
List_of_landmark_court_decisions_in_the_United_States
Identification by a person who witnessed an event
Identification Accuracy?, available here. Walker, Suedabeh (2013). "Drawing on Daubert: Bringing Reliability to the Forefront in the Admissibility of Eyewitness
Eyewitness_identification
American attorney
Wisconsin Law Review, Vol. 2006, No. 2. Neufeld, "The Near Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform," American Journal
Peter_Neufeld
expert testimony, under the Daubert factors laid out by the Supreme Court. With experts on insurance claims practices, the Daubert factors will not preclude
Timeline of disability rights in the United States
Timeline_of_disability_rights_in_the_United_States
American retired federal judge
The case interpreted new admissibility standards for expert testimony set forth by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S
Nancy_Gertner
Forensic science technique using EEG to detect concealed information
addressed the case and the evidentiary record. Law reviews discuss BF under Daubert and related evidentiary frameworks, comparing it with polygraph and other
Brain_fingerprinting
Theory that memory may be stored in the unconscious mind
[permanent dead link] Dalenberg C (October 2006). "Recovered memory and the Daubert criteria: recovered memory as professionally tested, peer reviewed, and
Repressed_memory
American lawyer
v. Myrick, 514 U.S. 280 February 22, 1995 April 18, 1995 Respondents Daubert v. Merrell Dow Pharms., 509 U.S. 579 March 30, 1993 June 28, 1993 Petitioner
Michael_Gottesman_(lawyer)
2011 United States Supreme Court case
opinion with respect to the admissibility of expert testimony and the use of Daubert challenges during a motion for class certification. Walmart filed another
Wal-Mart Stores, Inc. v. Dukes
Wal-Mart_Stores,_Inc._v._Dukes
British WW2 espionage television series
then go on to meet their new liaison with the Free French Forces, Paul Daubert. Liz and Gordon finalise their plans to attack the transmitter base unaware
Wish_Me_Luck
Law enforcement officer trained to identify people whose driving is impaired by drugs
testimony. Some jurisdictions analyze DRE testimony through the lens of Daubert, while other jurisdictions use the Frye analysis. The acronym 'DRE' has
Drug_Recognition_Expert
Chemical compound
effect on the central nervous system. Sigma-Aldrich Co., Cycloheptane. Daubert, Thomas E. (1996-01-01). "Vapor−Liquid Critical Properties of Elements
Cycloheptane
expert testimony, under the Daubert factors laid out by the Supreme Court. With experts on insurance claims practices, the Daubert factors will not preclude
Hangarter_v._Provident
2011 American patent lawsuit
Percent Rule Of Thumb" To Estimate Patent Damages Found Inadmissible Under Daubert And FRE 702". Archived from the original on September 16, 2013. Retrieved
Uniloc USA, Inc. v. Microsoft Corp.
Uniloc_USA,_Inc._v._Microsoft_Corp.
Survey-based economic technique for finding the value of resources without market prices
Kilpatrick, Summation of Evidentiary Rules for Real Estate Experts Mandated by Daubert v. Merrill Dow Pharmaceuticals, Real Estate Issues, 1999, "Archived copy"
Contingent_valuation
DAUBERT STANDARD
DAUBERT STANDARD
Male
English
Probably a Middle English form of Anglo-Saxon Æðelbert, DELBERT means "bright nobility."
Surname or Lastname
English, French, North German, Danish, Catalan, Hungarian, Czech, Slovak, Slovenian, etc.
English, French, North German, Danish, Catalan, Hungarian, Czech, Slovak, Slovenian, etc. : from the personal name Albert, composed of the Germanic elements adal ‘noble’ + berht ‘bright’, ‘famous’. The standard German form is Albrecht. This, in its various forms, was one of the most popular of all European male personal names in the Middle Ages. It was borne by various churchmen, notably St. Albert of Prague, a Bohemian prince who died a martyr in 997 attempting to convert the Prussians to Christianity; also St. Albert the Great (?1193–1280), an Aristotelian theologian and tutor of Thomas Aquinas. It was also the name of princes and military leaders, such as Albert the Bear (1100–70), Margrave of Brandenburg. In more recent times it has been adopted as a Jewish family name.A bearer of the surname Albert, from Saintonge, France, was documented in Quebec city in 1664.
Surname or Lastname
English
English : variant of Albert, probably due to misdivision of a personal name such as Rick Albert.
Male
Scottish
Variant spelling of Scottish Gaelic Raibeart, RAIBERT means "bright fame."
Girl/Female
Teutonic French
Intelligent.
Boy/Male
English
Tall.. Surname.
Male
English
Middle English form of Low German Lammert, LAMBERT means "land-bright."
Male
French
French form of Old High German Adalbert, AUBERT means "bright nobility."
Boy/Male
English Teutonic
Brilliant hero.
Boy/Male
German
Mighty or intelligent.
Surname or Lastname
English
English : occupational name from Middle English daubere, Old French daubier ‘whitewasher’, ‘plasterer’.German : variant of Tauber or a habitational name from Dauba, near Aussig, now in Czech Republic.
Boy/Male
American, Anglo, Australian, British, English, French, Jamaican
Bright; Proud; Day-bright; Shining One
Male
English
 Middle English form of Anglo-Saxon Æthelbert, ALBERT means "bright nobility." Compare with other forms of Albert.
Surname or Lastname
English, French, Dutch, and German
English, French, Dutch, and German : from a Germanic personal name composed of the elements land ‘land’, ‘territory’ + berht ‘bright’, ‘famous’. In England, the native Old English form Landbeorht was replaced by Lambert, the Continental form of the name that was taken to England by the Normans from France. The name gained wider currency in Britain in the Middle Ages with the immigration of weavers from Flanders, among whom St. Lambert or Lamprecht, bishop of Maastricht in around 700, was a popular cult figure. In Italy the name was popularized in the Middle Ages as a result of the fame of Lambert I and II, Dukes of Spoleto and Holy Roman Emperors.The name Lambert is found in Quebec City from 1657, taken there from Picardy, France. There are also Lamberts from Perche, France, by 1670.
Male
French
 French name derived from Latin Albertus, ALBERT means "bright nobility." Compare with other forms of Albert.
Boy/Male
English
Bright one; proud.
Boy/Male
Teutonic German
Intelligent.
Male
English
Variant spelling of English Delbert, DILBERT means "bright nobility."
Boy/Male
English American
Bright day; sunny day; proud; noble.
Male
French
Old French form of Latin Hubertus, HUBERT means "bright heart/mind/spirit."Â
DAUBERT STANDARD
DAUBERT STANDARD
DAUBERT STANDARD
DAUBERT STANDARD
DAUBERT STANDARD
DAUBERT STANDARD
DAUBERT STANDARD