Also known as:Daubert analyses · Daubert test · Daubert standard · Daubert hearing · Daubert · Daubert rule
Written by attorneys · grounded in primary & secondary sources — see below
A judicial inquiry conducted by federal district courts to determine whether proffered expert testimony is both relevant and reliable under Federal Rule of Evidence 702. Reliability is evaluated through a flexible case-specific assessment that may consider whether the expert's theory or methodology has been tested, subjected to peer review and publication, possesses a known or potential error rate, is governed by standards controlling its operation, and enjoys general acceptance in the relevant field.
Sources & Authorities
How it applies
Common Examples
6
Aerospace Simulation Admitted
Danielle Dixon sued Dakota Industries after a prototype aircraft lost control during testing. Dakota offered an aerospace engineer whose proprietary fluid-dynamics model predicted that a sudden wind shift alone caused the failure. The district court conducted a Daubert analysis, found the model's underlying equations tested in university settings and published in related methodology papers, and admitted the testimony because the flexible inquiry supported reliability despite the absence of accident-specific validation.
Analytical Gap Leads to Exclusion
Diane Dawson sued Diamond Manufacturing after a machine malfunction injured her. Diamond's expert extrapolated from informal laptop tests to claim the company's algorithm performed with industry-leading accuracy. The district court performed a Daubert analysis, identified too great an analytical gap between the limited data and the broad opinion, and excluded the testimony under an abuse-of-discretion standard on appeal.
Select any source to read its text and confirm it supports the definition.
Cases
Hornbooks
Technical Benchmarking Scrutinized
Darrell Duncan sued Duffy Construction for structural defects traced to a proprietary design algorithm. Duffy offered a computer scientist whose self-developed benchmarking script had never been peer-reviewed outside the company. The district court applied a Daubert analysis to the technical testimony, concluded the method lacked sufficient indicia of reliability, and excluded the opinion after a case-specific inquiry.
Statistical Expert in Class Action
Daphne Doyle sought to represent a class of employees alleging discriminatory pay practices at Dover Bank. She offered a statistician whose regression model used a custom comparator group to show disparate impact. The district court conducted a Daubert analysis, found the methodology sufficiently reliable and tied to the data, and admitted the testimony to support the commonality determination.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
Polygraph Expert Reliability Review
Devon Drake faced court-martial charges and sought to introduce a polygraph examiner's opinion that his responses indicated truthfulness. The military judge performed a Daubert analysis on the specialized technique, determined that the method's error rate and lack of general acceptance rendered it unreliable, and excluded the testimony.
United States v. Scheffer523 U.S. 303 (1998)
Forensic Accountant Challenged
Diego Duarte was prosecuted for tax evasion. The government offered a forensic accountant whose tracing methodology relied on internal company ledgers never subjected to external validation. The district court conducted a Daubert analysis, found the application reliable given the expert's experience and the data's consistency, and admitted the testimony.
Williamson v. United States512 U.S. 594 (1994)
Common questions
Frequently Asked
4
What is the trial court's role when conducting a Daubert analysis?+
Federal district courts serve as gatekeepers to ensure that expert testimony is both relevant and reliable before it reaches the jury. The court must make a preliminary determination under Rule 702 that the expert's principles and methods are reliable and have been reliably applied to the facts.
Supporting sources
Does the Daubert analysis apply only to scientific experts?+
No. The reliability inquiry extends to all expert testimony based on technical or other specialized knowledge, including engineering, computer science, and financial analysis. Courts retain discretion to consider the traditional factors or other appropriate indicia of reliability suited to the particular field.
Supporting sources
What standard governs appellate review of a Daubert ruling?+
Appellate courts review a district court's decision to admit or exclude expert testimony for abuse of discretion. A court may exclude testimony when it concludes there is too great an analytical gap between the data and the opinion offered.
Supporting sources
Must every traditional Daubert factor be satisfied for admission?+
No. The factors are illustrative rather than mandatory. A court may admit expert testimony when the methodology is reliable overall even if some factors, such as peer review or a known error rate for the precise application, are not met.
Supporting sources
509 U.S. 579, 592 (1993)Evidence
Daubert v. Merrell Dow Pharmaceuticals, Inc. <!-- acedexams opinion md v1 -- Case information - Citation: 509 U.S. 579, 592 (1993) Majority opinion Opinion of Judge…