Jun 4, 2025

Daubert Motion

Understanding Daubert Motions

A Daubert motion is a specific type of legal motion raised before or during trial to exclude the presentation of unqualified evidence to the jury. It is named after the 1993 Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., which established the standard for admitting expert testimony in federal courts.

Background of Daubert Motions

The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses’ testimony. Under this standard, a trial judge acts as a gatekeeper to ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.

Application of the Daubert Standard

When a party wishes to challenge the admissibility of an expert’s testimony, they may file a Daubert motion. The judge will then consider whether the testimony is based on scientifically valid reasoning and methodology that can properly be applied to the facts at issue.

What does Daubert motion mean?

A Daubert motion is a specific type of legal motion raised before or during trial to exclude the presentation of unqualified evidence to the jury. It is named after the 1993 Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., which established the standard for admitting expert testimony in federal courts.

Criteria for Admissibility

The Supreme Court in Daubert outlined several factors that judges may consider when determining the admissibility of expert testimony. These factors are not exclusive, and courts have flexibility in how they apply them.

What are the five Daubert factors?

The Supreme Court in Daubert outlined several factors that judges may consider when determining the admissibility of expert testimony. These factors are not exclusive, and courts have flexibility in how they apply them.

• Whether the theory or technique can be and has been tested
• Whether it has been subjected to peer review and publication
• The known or potential error rate
• The existence and maintenance of standards controlling the technique’s operation
• Whether it has attracted widespread acceptance within a relevant scientific community

Procedure for Filing a Daubert Motion

Daubert motions are typically filed before trial, often as part of pretrial motions in limine, but they can also be raised during trial if new expert testimony is introduced. The timing and procedures for filing such motions may vary depending on the jurisdiction and the specific court’s rules.

When should a Daubert motion be filed?

Daubert motions are typically filed before trial, often as part of pretrial motions in limine, but they can also be raised during trial if new expert testimony is introduced. The timing and procedures for filing such motions may vary depending on the jurisdiction and the specific court’s rules.

Daubert Motions vs. Other Motions

While a Daubert motion specifically challenges the admissibility of expert testimony, a motion in limine is a broader pretrial motion that seeks to exclude certain evidence from being introduced at trial for various reasons, including prejudice, confusion, or irrelevance.

What is the difference between a Daubert motion and a motion in limine?

While a Daubert motion specifically challenges the admissibility of expert testimony, a motion in limine is a broader pretrial motion that seeks to exclude certain evidence from being introduced at trial for various reasons, including prejudice, confusion, or irrelevance.

Daubert Motion