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A Daubert motion is a Motion , raised before or during Trial , to exclude the presentation of unqualified Evidence to the Jury . This is a special case of Motion In Limine , usually used to exclude the Testimony of an Expert Witness who has no such expertise or used questionable methods to obtain the information.


DEFINITION


In ''Daubert'', the Supreme Court ordered federal trial judges to become the “gatekeepers” of scientific evidence. Trial judges now must evaluate proffered expert witnesses to determine whether their testimony is both “relevant” and “reliable”; a two-pronged test of admissibility.

  • The relevancy prong: The relevancy of a testimony refers to whether or not the expert’s evidence “fits” the facts of the case. For example, you may invite an Astronomer to tell the jury if it had been a Full Moon on the night of a crime. However, the astronomer would not be allowed to testify if the fact that the moon was full was not relevant to the issue at hand in the trial.


  • The reliability prong: The Supreme Court explained that in order for expert testimony to be considered reliable, the expert must have derived his or her conclusions from the scientific method. The Court offered "general observations" of whether proffered evidence was based on the scientific method, although the list was not intended to be used as an exacting checklist:

  • --- Empirical testing: the theory or technique must be Falsifiable , refutable, and testable.

  • --- Subjected to Peer Review and publication.

  • --- Known or potential error rate and the existence and maintenance of standards concerning its operation.

  • --- Whether the theory and technique is generally accepted by a relevant scientific community.