Also known as: Daubert standard · FRE 702 standard · Daubert rule · Rule 702 · Daubert · FRE 702
Written by attorneys · grounded in primary & secondary sources — see below
A standard governing the admissibility of expert testimony in federal courts. The proponent must demonstrate that the testimony rests on reliable principles and methods that have been reliably applied to the facts of the case and will assist the trier of fact to understand the evidence or determine a fact in issue.
Darrell Duncan, a factory supervisor, offers to testify that a machine guard design was adequate based on his years of operating similar presses. The court excludes the opinion because it rests on specialized engineering knowledge rather than ordinary perception.
Dixon Foods sues a supplier after contaminated shipments. Its expert relies on a self-created, unpublished algorithm to estimate defect rates. The court excludes the testimony after finding the method untested and lacking peer review or known error rates.
Select any source to read its text and confirm it supports the definition.
Dawson Steel offers an expert who inspected one beam yet concludes an entire building design is defective. The court excludes the opinion because the leap from limited data to broad conclusions creates an impermissible analytical gap.
Duarte Shipping calls a naval architect who used proprietary modeling software and field inspections to opine on hull stress. The court admits the testimony after conducting a case-specific reliability inquiry tailored to engineering practice.
Derek Douglas seeks to introduce polygraph results showing he told the truth during an interview. The court excludes the evidence after determining the technique fails reliability screening under the expert testimony standard.
Daphne Doyle offers expert testimony interpreting a child witness's prior statements in a criminal case. The court applies the reliability standard to decide whether the methodology supporting the interpretation is admissible.
The proponent must show that the expert's principles and methods are reliable and were reliably applied to the facts. Courts evaluate reliability through a flexible inquiry that may consider testing, peer review, error rates, standards, and general acceptance.
Supporting sources
No. The standard applies to all expert testimony based on scientific, technical, or other specialized knowledge. Engineering, computer science, and experience-based opinions receive the same gatekeeping review.
Supporting sources
Appellate courts review a district court's decision to admit or exclude expert testimony for abuse of discretion. The trial court receives substantial latitude in performing its gatekeeping function.
Supporting sources
Yes. A court may exclude expert testimony when the expert's conclusions are not supported by sufficient facts or reliable methodology, creating too great an analytical gap between the data and the proffered opinion.
Supporting sources
The judge acts as gatekeeper and must ensure that expert testimony is both relevant and reliable before it reaches the jury. This screening applies even when the testimony rests on technical or experience-based methods rather than traditional laboratory science.
Supporting sources
…an inference or assertion must be derived by the scientific method." Id. Elsewhere in its opinion, the Court noted that Rule 702 is satisfied where the proffered testimony is "based on scientifically valid principles." Id. at ----, 113 S.Ct. at 2799. Our task, then, is to analyze not what the experts say, but what…