Oklahoma City, OK asked in Criminal Law for Oklahoma

Q: Can you explain the Daubert hearing.

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1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: A Daubert hearing, to describe it simply, is a pre-trial hearing that is usually brought about by the filing of a “motion in limine” which is a motion filed by one party in an attempt to exclude the expert witness testimony or evidence of the opposing party in a trial. In the hearing, essentially the judge is trying to determine whether the methodology of the expert opinion rises to the level of admissible expert evidence. More simply put, does the trier of fact which is the jury normally, really need this expert to explain the topic he is attempting to give expert testimony related to, or is it something that the jury should be able to figure out without the expert witness and or his report.

It is not unusual for one or both sides in a court case to employ an expert to try and give an opinion which is usually a prepared report as well as expert witness’s testimony. A Judge will often times not hesitate to exclude the offered expert testimony if he believes it is unnecessary under the facts of the case or that the jury does not need assistance in that area.

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