Thursday, August 19, 2004

Alabama Supreme Court Declines to Adopt Daubert

From Edward Still, we learn that the Supreme Court of Alabama has again declined an invitation to adopt Daubert, this time in a medical malpractice case. The decision has not yet been approved for publication and is not yet available on the web. See Martin v. Dyas, No. 1020286 (Ala. Sup. Ct. Aug. 13, 2004).

posted by pn at 10:30 AM  

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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.