The Daubert Standard

The Daubert standard is a rule of evidence that requires the proponent of the expert evidence to show that it is reliable.  Specifically, the proponent of the expert evidence must prove by a "preponderance of the evidence" that:

  1. It is based upon sufficient facts or data.
  2. The methods used to reach conclusions are based upon reliable principles and methods.
  3. The principles and methods are applied reliably to the facts of the case.

Three cases which make up the Daubert standard are: Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); and Kumho Tire v. Carmichael, 526 U.S. 137 (1999).

In 2011, Wisconsin amended its expert evidence statute, Wis. Stat. § 907.02, to comport with the Daubert standard.  The Daubert standard applies to all actions (criminal and civil) filed in Wisconsin on or after February 1, 2011.

Click here for more information on the Daubert standard.