QUICK NOTE: …BACK TO THE DAUBERT STANDARD FOR EXPERT TESTIMONY

In what has previously appeared to be a game of moving chairs, the Florida Supreme Court formally adopted the Daubert standard to determine the admissibility of expert testimony.  This allows Florida to move on from the Frye standard and the moving chairs associated with which standard should apply to the admissibility of expert opinions.  A good discussion on the Florida Supreme Court’s recent application of the Daubert standard can be found here.  The Daubert standard determines the admissibility of expert testimony / opinions in federal court and now it is officially back in Florida to apply to Florida state court litigation.  This is important to know, particularly in the construction context, because many construction-related disputes utilize the services of an expert witness to render expert opinions.  

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

 

 

QUICK NOTE: EXPERT TESTIMONY – BACK TO THE FRYE TEST IN FLORIDA

imagesExpert testimony (opinions) – very important testimony in construction disputes.  Whether it is a delay claim, an inefficiency claim, a defect claim, etc., expert testimony plays an invaluable role in construction disputes.   Construction attorneys work closely with expert witnesses to ensure that an expert helps render an opinion to support their client’s burden of proof (including damages) or an affirmative defense.

 

 Recently, the Florida Supreme Court ruled that the Frye test governs the admissibility of expert testimony in Florida State courts.   Notably, this was the test used until circa 2013 until the Florida Legislature modified Florida’s Evidence Code to require the Daubert test to apply to determine the admissibility of expert testimony.  The Daubert test is the test used in federal courts and, quite frankly, is a more rigorous standard/test.   For more information on the Frye and Daubert test, please check out this article that I wrote to summarize Florida’s transition back to the Frye test.  In any event, this transition back to the Frye test can be both good and bad depending on who you represent in a Florida State court action and the expert opinion you are looking to introduce.  

 

 

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.