Adoption of Daubert in the Amendment to F.S. §90.702 Tightens the Rules for Admissibility of Expert Witness Testimony

About 20 years ago, the U.S. Supreme Court changed the rules for allowing expert testimony in court cases. They said that expert witnesses have to meet certain criteria, like having enough facts and using reliable methods. Most states, including Florida, adopted these rules. This means that expert witnesses need to meet specific requirements in order to testify in court. Before Daubert, Florida courts used the Frye test to decide if expert witness testimony was admissible. The test required that the methods used by the expert were widely accepted in their field. If the opinion was based on the expert’s own experience and training, it was admissible without much scrutiny. Some people thought getting rid of the Frye standard would solve its problems, but the exceptions that developed from it would still cause issues. The Florida Supreme Court had said that the Daubert standard used in federal courts was more lenient, but actually, it set a higher standard for testing the admissibility of expert opinions. In court, expert witnesses must be qualified and their testimony must be relevant and reliable. The judge decides if an expert is qualified based on their knowledge, experience, and training. Expert testimony is used to explain things that are not common knowledge and can help the judge understand the truth. However, not every issue needs an expert opinion. The judge considers whether the expert’s methods and reasoning are scientifically valid when deciding if their testimony can be used. Also, the expert’s opinion must be based on reliable principles and methods applied to the specific case. In Florida, the rules for admitting expert testimony in court changed in 2013. Now, experts have to prove that their opinions are both relevant and reliable in order for them to be allowed to testify. This means that their opinions have to be based on solid principles and be applicable to the case at hand. The goal of this change is to make sure that only trustworthy expert testimony is used in court. These are a bunch of court cases and legal rules that are important in Florida. They are cited in a legal article written by Alex Cuello and Stephanie Villavicencio, who are lawyers in Miami. They focus on elder law, which has to do with older people and their legal rights. The article was written for the Elder Law Section of The Florida Bar. To teach lawyers to do their job well and help the public, make sure the justice system runs smoothly, and make progress in the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/adoption-of-daubert-in-the-amendment-to-f-s-90-702-tightens-the-rules-for-admissibility-of-expert-witness-testimony/