CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Kelly Test (Kelly-Frye)
.........Federal Rule
12 Cards On This Topic:

Frye test's general acceptance standard superseded by FRE in federal trials; burden on trial judge to ensure expert testimony reliable and relevant.

Trial court's Daubert/FRE 702 "gatekeeping" obligation re reliability applies not only to scientific testimony, but to all expert testimony.

Abuse of discretion is proper standard by which to review dist. court's decision to admit or exclude expert scientific evidence.

Abuse of discretion to grant manufacturer SJ where P's expert testimony, relevant and offered w/sufficient foundation, was erroneously excluded under Daubert.

No abuse of discretion in evaluating and admitting expert testimony on "suicide by cop" under Daubert criteria.

SJ for Ds affirmed where their expert depo testimony, on which P relied, didn't raise triable issue re causation; and P's expert's testimony properly excluded under Daubert.

Although appropriate in some cases to conduct hearing out of jury's presence to assess prelim. questions of relevance and reliability re experts, separate hearing not required.

Dist. ct. did not abuse discretion in admitting testimony of police gang expert to impeach co-D's testimony re D's noninvolvement in drug transactions.

Though Daubert supplanted Frye, Daubert's tests for admissibility of expert scientific testimony don't require exclusion of expert testimony involving specialized knowledge rather than scientific theory.

PI plaintiff failed to carry burden of proving expert medical testimony admissible under Daubert; SJ appropriate as P offered no other evidence of causation.

Court erred in excluding E's testimony based on Daubert scientific factors; should have been admitted under FRE 702 based on E's engineering experience and extensive investigative work.

Subjective and unsubstantiated expert testimony by tire analyst did not meet Fed. Rules Evid., rule 702's reliability standard.