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Daubert Motion
Practical Law Glossary Item 9-567-2466 (Approx. 3 pages)
Glossary
Daubert Motion
A type of motion which seeks to exclude the presentation of an expert's testimony to a jury. Daubert motions are named for the Supreme Court case, Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 (1993)). Although FRE 702 governs expert testimony, Daubert clarified the factors courts should consider when assessing its admissibility:
- Whether the expert's theory and methodology have been tested, peer-reviewed, or published.
- The potential and known error rates for a particular technique.
- Any standards and controls applicable to the science.
- The degree of acceptance in the scientific community.
Although Daubert is the applicable standard followed by the federal courts, some states still adhere to the "general acceptance" standard set out in Frye v. United States (293 F. 1013, 1014 (D.C. Cir. 1923); see Standard for Excluding Expert Testimony: 50 State Survey).
For more information related to motions to exclude expert testimony under FRE 702 and Daubert, see Practice Note, Experts: Daubert Motions.