Daubert Test Law & Legal Definition


Daubert test refers to a method used by federal courts to determine whether expert testimony is admissible under Federal Rule of Evidence 702. Daubert test was developed from a case Daubert v. Merrell Dow Pharms., 516 U.S. 869 (U.S. 1995). Under the Daubert test, a court determining the admissibility of purported expert testimony must first determine:

1.whether the reasoning or methodology underlying the testimony is scientifically valid;

2.whether that reasoning or methodology properly can be applied to the facts in issue.

When analyzing whether expert testimony is admissible under Daubert test, the court plays the role of a "gatekeeper" with the responsibility to ensure that the proposed testimony is both reliable and relevant. The burden is on the proponent of the testimony to establish its admissibility by a preponderance of proof.