Fire/Arson Investigations : Fire/Arson Investigations
A place to ask questions and add to probative and informative discussions associated with the various aspects of the field of fire investigation. -- FORUM RULES---BE CIVIL AND NO NAME CALLING, NO BELITTLING, NO BERATING, NO DENIGRATING others. Postings in violation of these rules can be removed or editted to remove the offending remarks at the discretion of the moderators and/or site administrator.
Florida Drops FRYE and Returns to DAUBERT Standard
Posted by: Chris Bloom, CJBFireConsultant (IP Logged)
Date: October 04, 2019 11:20AM
[www.claimspages.com]
Florida Returns To Daubert Standard For Admission Of Expert Testimony
Friday, October 4, 2019 Matthiesen, Wickert & Lehrer, S.C.
The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert testimony — unconstitutional and returned the state to the Frye standard which had been around since 1922.
On May 23, 2019, the same Florida Supreme Court that adopted Frye flip-flopped in In re Amendments to Fla. Evidence Code, 2019 WL 2219714 (Fla. 2019) and returned Florida to the Daubert standard, where it will presumably stay.
A national tug-of-war regarding the rules and standards to be utilized in determining who is qualified to testify as an “expert” in a litigated case has been ongoing since 1993.
The use of so-called “junk science” in litigation had for years been a growing concern. The term became useful to describe scientific data, research, or analysis considered and opinions given by someone hired to be an expert witness in a case.
An entire cottage industry arose involving arguably unqualified experts, relying on questionable scientific evidence and techniques.
Florida Returns To Daubert Standard For Admission Of Expert Testimony
Friday, October 4, 2019 Matthiesen, Wickert & Lehrer, S.C.
The ink was barely dry on Florida Supreme Court’s 2018 decision in DeLisle v. Crane Co., 2018 WL 5075302 (Fla., Oct. 15, 2018). That decision declared Florida’s § 90.702 — which adopted the Daubert standard for the admission of expert testimony — unconstitutional and returned the state to the Frye standard which had been around since 1922.
On May 23, 2019, the same Florida Supreme Court that adopted Frye flip-flopped in In re Amendments to Fla. Evidence Code, 2019 WL 2219714 (Fla. 2019) and returned Florida to the Daubert standard, where it will presumably stay.
A national tug-of-war regarding the rules and standards to be utilized in determining who is qualified to testify as an “expert” in a litigated case has been ongoing since 1993.
The use of so-called “junk science” in litigation had for years been a growing concern. The term became useful to describe scientific data, research, or analysis considered and opinions given by someone hired to be an expert witness in a case.
An entire cottage industry arose involving arguably unqualified experts, relying on questionable scientific evidence and techniques.
| Subject | Views | Written By | Posted |
|---|---|---|---|
 Florida Drops FRYE and Returns to DAUBERT Standard |
1004 | Chris Bloom, CJBFireConsultant | 10/04/2019 11:20AM |
|
Re: Florida Drops FRYE and Returns to DAUBERT Standard
|
666 | J L Mazerat | 10/04/2019 05:27PM |
|
Re: Florida Drops FRYE and Returns to DAUBERT Standard
|
518 | J L Mazerat | 10/05/2019 08:04PM |
|
Re: Florida Drops FRYE and Returns to DAUBERT Standard
|
552 | John Lentini | 10/05/2019 02:10PM |
Sorry, only registered users may post in this forum.