| Arkansas |
Daubert Standard.
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| California |
Other Standard.
Cal. Evid. Code 720(a).
In actions against ER physicians, expert medical testimony only from physicians who have had substantial professional experience within last 5 yrs. in general acute care hospital emergency department. [Cal. Health & Saf. Code 1799.100(c)].
Generally, person qualified to testify as expert if person has special knowledge, experience, training, or education sufficient to qualify person as expert on subject to which his/her testimony relates. [Ca. Evid. Code 720(a)].
Whether witness is an expert is issue to be determined by judge under Evid. Code section 405.
Medical expert opinion should be liberally admitted and then subjected to the rigors of a vigorous cross-examination. [Sinako v. Superior Court (2004) 122 Cal. App. 4th 1133, 1142].
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| Connecticut |
Daubert Standard.
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| Delaware |
Daubert Standard.
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| Hawaii |
Hybrid Standard.
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| Idaho |
Hybrid Standard.
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| Iowa |
Frye Standard.
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| Kansas |
W/in scope of special knowledge, skill, experience, or training possessed by witness. (K.S.A. 60-456).
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| Maine |
State v. Williams, 388 A.2d 500 (Me. 1978).
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| Massachusetts |
Hybrid Standard.
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| Michigan |
Entire State: Daubert Standard. For purposes of this discussion, we consider Michigan as a Dauber jurisdiction.
Allegan: Daubert Standard.
Cassco: Daubert Standard.
Chippewa: Daubert Standard.
Crawford (46th Circ.): Daubert Standard.
Emmet: Statutory.
Genesse: Hybrid Standard.
Hillsdale: Daubert Standard.
Jackson: Daubert Standard. Statute and court rule incorporate Daubert.
Kalkaska (46th Circ.): Daubert Standard.
Macomb: Daubert Standard.
Muskegon: Daubert Standard.
Oakland: Hybrid Standard.
Otsego (46th Circ.): Daubert Standard.
Ottawa: Daubert Standard.
Saginaw: Hybrid Standard.
Shiawassee: Frye Standard.
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| Minnesota |
Frye Standard. If novel or experimental science is involved.
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| Missouri |
Sec. 490.065, RSMo for all civil and administrative matters.
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| Nebraska |
Daubert Standard.
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| Nevada |
Court has discretion to permit expert who will assist trier in understanding evidence of determining a fact in issue.
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| New Hampshire |
Daubert Standard.
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| New York |
Frye Standard.
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| North Dakota |
Frye Standard.
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| Oklahoma |
Daubert Standard.
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| Pennsylvania |
Frye Standard.
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| South Dakota |
Daubert Standard.
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| Texas |
Daubert Standard.
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| Utah |
Daubert Standard.
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| Vermont |
Daubert Standard.
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| Virginia |
Expert testimony generally admissible if it will assist trier of fact in understanding evidence. (Va. Code Ann. 8.01-401).
Admission subject to basic requirements, including requirement that evidence be based on adequate foundation. Decision whether to admit testimony is a matter committed to trial judge's sound discretion; appellate court will reverse trial court determination only when court has abused discretion. [John v. Im, 253 Va. 315, 320, 559 S.E.2d 694, 696 (2002)].
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| Washington |
Frye Standard.
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| West Virginia |
Daubert Standard. 55-7B-7 has specific requirements for testimony of expert witnesses on the standard of care.
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