Saturday, February 17, 2007

Daubert & Virginia

Via Steve Minor: Judge D. Arthur Kelsey of the Virginia Court of Appeals has authored an article, appearing in Judicature, entitled "Virginia’s answer to Daubert’s question behind the question." We won't spoil the fun by telling you what the question behind the question is. But the answer, apparently, is: The jury.

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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.