A Daubert motion is a legal request made before or during a trial to exclude certain evidence from being presented to the jury. This motion specifically targets the testimony of expert witnesses whose qualifications or methods are questionable. The purpose of the Daubert motion is to ensure that only reliable and relevant evidence is considered in court, thereby protecting the integrity of the judicial process.
Daubert motions are commonly used in various areas of law, including civil and criminal cases. They are particularly relevant in cases where expert testimony is crucial, such as personal injury, medical malpractice, or product liability cases. Users can manage some aspects of filing a Daubert motion themselves with the help of legal templates available through services like US Legal Forms, which provide guidance on the necessary procedures and documentation.
Here are a couple of examples of abatement:
(hypothetical example) In a personal injury case, the plaintiff's attorney may file a Daubert motion to exclude the testimony of a medical expert who lacks the necessary credentials to speak on the specific medical issues involved in the case. If the expert has used outdated or discredited methods to form their opinion, the motion could successfully prevent their testimony from being presented to the jury.
The Daubert standard originates from the U.S. Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). This case established the criteria for admitting expert testimony in federal courts, emphasizing the judge's role as a gatekeeper in evaluating the reliability of scientific evidence.
| State | Application of Daubert Standard |
|---|---|
| California | Follows the Frye standard, which is less stringent than Daubert. |
| Texas | Adopts the Daubert standard for evaluating expert testimony. |
| Florida | Also follows the Daubert standard, requiring rigorous scrutiny of expert evidence. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Frye Standard | A test used to determine the admissibility of scientific evidence based on general acceptance in the relevant scientific community. |
| Motion in Limine | A pretrial motion to exclude certain evidence from being presented at trial, which can include Daubert motions. |
If you believe a Daubert motion may be relevant to your case, consider the following steps:
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The purpose is to exclude unreliable expert testimony from being presented to the jury.