Bill that Adopts Daubert Standard in Arizona for Expert Witness Testimony in Civil Cases was Signed by Governor.
SB 1189 changes the standard used in civil and criminal trials relating to the admissibility of expert testimony from the Frye standard to the Daubert standard.
History
The Frye standard relates to admissibility of expert testimony and was established by Frye v. United States, 293 F. 1013 (D.C. Cir. 1923). The Frye standard requires that expert testimony be based on science that has gained “general acceptance” in the relevant field. The Frye standard was utilized in federal courts until 1993.
A 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), established the Daubert standard. There were a number of subsequent cases that expanded on Daubert and in December 2000 Federal Rule of Evidence 702 was formally amended to reflect the implications of the Daubert standard. In order to be admitted the testimony must be based on sufficient facts or data, the product of reliable principles and methods, and the witness must apply the principles and methods reliably to the facts of the case.
Provisions
- Specifies that in a civil or criminal action, only a qualified witness may offer expert testimony regarding scientific, technical or other specialized knowledge and the testimony is admissible if the court determines that all of the following apply:
- The witness is qualified to offer an opinion as an expert on the subject matter based on knowledge, skill, experience, training or education.
- The opinion will assist the trier of fact in understanding the evidence or determining a fact in issue, the opinion is based on sufficient facts and data and the opinion is the product or reliable principles and methods.
- The witness reliably applies the principles and methods to the facts of the case.
- Requires the court to consider the following factors, if applicable, in determining whether the expert testimony is admissible pursuant to the provisions noted above:
- Whether the expert opinion and its basis have been or can be tested and whether the opinion and its basis have been subject to peer reviewed publications.
- The known or potential rate of error of the expert opinion and its basis.
- The degree to which the expert opinion and its basis are generally accepted in the scientific community.
