If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if:
- (1) The testimony is based upon sufficient facts or data;
- (2) The testimony is the product of reliable principles and methods; and
- (3) The witness has applied the principles and methods reliably to the facts of the case.
The Standard for Expert Testimony (The Daubert Standard): This is the crucial rule that governs the admissibility of expert witness testimony in Florida. It requires the trial judge to act as a "gatekeeper" to ensure that an expert's opinion is not only relevant but also reliable before it can be presented to the jury.
An expert may only testify if their specialized knowledge will help the jury and their testimony meets a three-part test:
- (1) Sufficient Basis: The expert's opinion must be based on enough facts or data, not just speculation.
- (2) Reliable Methodology: The opinion must be the result of reliable principles and methods. Judges often consider factors like whether the theory can be tested, has been subject to peer review, has a known error rate, and is generally accepted in its field.
- (3) Reliable Application: The expert must have applied those reliable principles and methods correctly to the specific facts of the case. It is not enough to have a good theory; it must be applied properly.
This standard ensures that "junk science" is kept out of the courtroom and that any expert testimony the jury hears has a sound and trustworthy foundation.
