Monday, September 15, 2003

Georgia Supreme Court Backs Off on Adopting Daubert

An earlier post discussed the Atlantic Legal Foundation's amicus brief in the case of Orkin Exterminating Co. v. Carder, in which the Georgia Supreme Court had granted certiorari to consider whether Georgia should adopt Daubert. That post drew a response from an interested bystander who had observed oral argument in that case in the Georgia Supreme Court.

That same interested bystander now advises that the court has withdrawn certiorari as improvidently granted. His own post gives links to the news accounts.
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.