Christine Funk, J.D.

The Frye and Daubert standards represent different approaches to determining the admissibility of expert testimony in court, with Frye focusing on general acceptance within the scientific community and Daubert providing a more flexible, case-by-case assessment by the judge.

Posted on March 13, 2018 in FRE, Daubert, & Frye

If you have a case involving expert witnesses or the potential for expert testimony, it is never too soon to consider challenging the opponent’s expert under Daubert.  There are both legal and strategic advantages to Daubert challenges. The Daubert Standard Generally As a preliminary matter, a brief explanation of the Daubert standard is in order. 

Posted on February 13, 2018 in FRE, Daubert, & Frye

  If you are using an expert in your case, you may or may not, be required to disclose the witness. However, the rules for disclosure of expert witnesses differ depending on the type of expert you elect to retain. Because of this variation, it is a good idea to put some thought into what

Posted on February 27, 2018 in Working with Experts

This guide provides a state-by-state comparison of how Daubert and Frye standards are applied to determine the admissibility of expert testimony, highlighting the diverse legal approaches across the United States.

Posted on March 13, 2018 in FRE, Daubert, & Frye

Depending on the jurisdiction and the nature of the case, the methods employed for the discovery of expert witnesses may include interrogatories, depositions, informal meetings, phone calls, or email exchanges. But before you get to discovery, you must determine whether your expert’s identity needs to be disclosed and — if you choose to disclose your

Posted on May 15, 2018 in Working with Experts

Affidavits of merit, sometimes referred to as a certificate of merit, in the most general of terms, are affidavits signed by an expert in the field, attesting to the merit or merits of a claim.  Depending on the state, affidavits of merit may be required in medical malpractice claims, legal malpractice claims, and other claims

Posted on January 25, 2018 in Working with Experts

If you have a case involving forensic science, it’s a good idea to hire a forensic expert witness. However, before you go out and hire the first forensic scientist you find in the relevant field, consider why you are hiring a forensic expert witness.  Reasons to hire a forensic expert include the following: Gathering background

Posted on February 15, 2018 in Working with Experts

When you are deposing the other side’s expert witness, preparation and consideration of strategy are essential components to success.  Areas of attack include: The integrity of the evidence A particular scientist’s work The conclusions of the scientist Competence of the scientist Challenges to the science itself The reliability of the laboratory in question Finding common

Posted on February 20, 2018 in Working with Experts

The Frye and Daubert standards represent different approaches to determining the admissibility of expert testimony in court, with Frye focusing on general acceptance within the scientific community and Daubert providing a more flexible, case-by-case assessment by the judge.

Posted on March 13, 2018 in FRE, Daubert, & Frye

Locating, retaining, and employing effective expert witnesses can make or break a case.  As soon as it becomes evident a case will benefit from an expert witness, attorneys should start reaching out to colleagues looking for referrals.  It is rare for an attorney to conclude that they brought an expert witness in too soon. In

Posted on March 7, 2018 in Working with Experts