Thursday, August 21, 2003

The Search for Truth at ALF (part 2.1)

In connection with my recent post on the American Legal Foundation's amicus brief urging the adoption of Daubert in Georgia, the mail has brought this account from an "interested bystander" who actually observed oral argument for Orkin Exterminating Co. v. Carder in the Georgia Supreme Court. Apparently Orkin's position at argument was considerably meeker than the one taken in ALF's briefing.
Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.