Page 112 - 2023 PPIAC RMIC BOOK

ISSUES YOU WILL FACE

DAUBERT CHALLENGE

What is a Daubert Challenge? A Daubert challenge is a particular type of motion made to the judge
either before or during litigation, in an effort to exclude the introduction of unqualified expert witness
testimony to the judge or jury during trial. The term is derived from the 1993 U.S. Supreme Court case
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Daubert standard, based upon
the decision reached by the Court in that case, provides criteria by which the trial judge may make a
preliminary assessment of the admissibility of expert testimony presented in United States federal (and
most state) legal proceedings. This decision is based on the validity of the methodology and scientific
reasoning employed by the expert witness and whether this evidence can be appropriately applied to
the facts of the case at issue. Under U.S. Federal Rule of Evidence 702, amended in response to Daubert:
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may
testify in the form of an opinion or otherwise if: (a) The expert’s scientific, technical, or other specialized
knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) The
testimony is based on sufficient facts or data; (c) The testimony is the product of reliable principles and
methods; and (d) The expert has reliably applied the principles and methods to the facts of the case.

DAUBERT CHALLENGE MADE SIMPLE

Will your experience and
Education hold up in court to

certify you as an expert?