Thursday, March 18, 2004

Wisconsin Governor Vetoes Bill Adopting Daubert

Wisconsin is not a Daubert state. Under Wisconsin's law of evidence, questions of expert reliability are for the jury, and it looks as though things will be staying that way. The Republican-controlled legislature had passed a bill that would have adopted the federal standards for expert testimony. But Democratic Governor Jim Boyle has vetoed it. Here's his veto message.

posted by pn at 5:15 PM  

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.