The Stern & Eisenberg Blog looks at what's under the surface of emerging legal trends in regulations, compliance, case law, technology, and other areas worth a deep-dive with our expert attorneys.
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The Stern & Eisenberg Blog looks at what's under the surface of emerging legal trends in regulations, compliance, case law, technology, and other areas worth a deep-dive with our expert attorneys.
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The District of Columbia Court of Appeals, in an en banc decision, ended the application of
the Frye test for determination of the admissibility of expert testimony and adopted the standards of Rule 702 of the Federal Rules of Evidence. In Motorola Inc. v. Murray, Case No. 14-CV- 1350, 2016 WL 6134870 (D.C. 2016), entered on October 20, 2016, the Court concluded that Rule 702 was preferable, due to its focus on the reliability of principles and methods and whether they have been reliably applied . The Frye “general acceptance” test has been superseded by Rule 702 in the Federal courts and many other jurisdictions, beginning with the 1993 Supreme Court Case of Daubert v. Merrell Dow Pharmaceuticals, Inc. Daubert’s list of specific factors to be considered in evaluating expert testimony applies to testimony based on scientific knowledge as well as technical or other specialized knowledge. Under Rule 702, as applied in Daubert, a witness may be qualified as an expert if (1) the testimony will help the trier of fact to understand the evidence or determine a fact in issue, (2) the testimony is based on sufficient facts or data, (3) the testimony is the product of reliable principles and methods, and (4) the expert has reliably applied the principles and methods to the facts. Rule 702 will be applied to the trial of any civil or criminal case in the District of Columbia courts that proceeds to trial after the date of the opinion, October 20, 2016.
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