Monday, June 28, 2004

North Carolina Rejects Daubert

Via David Bernstein at Point of Law, we learn that North Carolina's Supreme Court issued a decision this past Friday rejecting Daubert in favor of that state's existing and more lenient reliability standard. See Howerton v. Arai Helmet, Ltd., No. 383PA03 (N.C. Sup. Ct. June 25, 2004).


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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.