Daubert v. Frye

The debate over Daubert v. Frye expert witness standards continues with Florida at the center of the argument.  The Daubert standard arose from the Daubert v. Merrell Dow Pharmaceuticals case of 1993 and offered an updated rule of evidence regarding the admissibility of expert witnesses’ testimony.  Florida attorneys are divided in supporting the state Evidence Code adopting the Daubert standard which would replace the older and more lenient Frye standard. While federal courts as well as many state courts have shifted to the Daubert standard, there are attorneys who want the Florida Bar to recommend that the Florida Supreme Court reject the amendment adopting Daubert.

In Out Of The Fryeing Pan, Into The Fire With Expert Witness Testimony WFSU explains:

Frye originated with a 1923 case involving polygraph or lie detector evidence. The practice wasn’t generally accepted in the scientific field, and was thrown out. Courts used this general acceptance standard until then. In that case, the Supreme Court found that scientific testimony or evidence should not only be relevant, but reliable.



About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

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