After previously rejecting the Daubert standard in accordance with the recommendation of the Florida State Bar, the Supreme Court of Florida has now adopted the Daubert standard for the admissibility of expert testimony, replacing the Frye standard. This new decision will affect the admissibility of expert testimony in state courts only – federal courts across the country, including in Florida, already apply the Daubert standard.
Under the Daubert standard, a “judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.” By adopting the Daubert standard, there will be more consistency between state and federal courts, who are now operating under the same standard.
Previously, under the Frye ruling, when a party was seeking to admit evidence, they were only required to establish general acceptance of the underlying scientific principle and testing procedures. Now, the admissibility is within the discretion of the court, but the judge must determine that the evidence is reliable – meaning Florida state courts are now operating under a more stringent rule for the admissibility of expert testimony.
While this changes the admissibility of expert testimony in state courts, our attorneys at Bennett Legal Group are well versed in the Daubert standard as we have used that standard for many years in Federal Court cases.