On May 23, the Florida Supreme Court announced that the Daubert standard would be the new evidentiary standard to be applied for admissibility of expert testimony. In doing so, the new court reversed the ruling of a prior decision of the court which had adhered to the Frye standard. While this new standard will change the rules governing admissibility of expert testimony, the real question is whether this ruling is a harbinger of more significant changes to come.

First things first: what’s the difference? Under Frye, expert testimony was allowed to go to the jury where the methodology being employed by the expert was recognized generally as being scientifically acceptable. Under Frye, whether that generally accepted methodology is properly applied was a question for the jury. Under Daubert, the trial court assumes more of a gatekeeper role. It must examine both the methodology and whether the application of that methodology is appropriate.

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