Frequently Asked Question
What is the Daubert standard and how does it affect my expert?
Daubert v. Merrell Dow Pharmaceuticals (and its federal codification in FRE 702) requires the trial judge to act as a "gatekeeper," admitting expert testimony only if it is both relevant and reliable. Judges evaluate the expert's methodology, error rate, peer acceptance, and testability. Some state courts still apply Frye, which asks whether the methodology is generally accepted in the field. Jeff Rothbart builds every report to satisfy Daubert.