Legal definition of expert witness8/29/2023 1995)), and Judge Edward Becker's opinion in In re Paoli R.R. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311 (9th Cir. Important appellate-level opinions that clarify the standard include Judge Alex Kozinski's opinion in Daubert on remand ( Daubert v. Carmichael (1999), which held that the judge's gatekeeping function identified in Daubert applies to all expert testimony, including that which is non-scientific. Joiner (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper standard for appellate courts to use in reviewing a trial court's decision of whether it should admit expert testimony (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead The Daubert trilogy are the three United States Supreme Court cases that articulated the Daubert standard: A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. Expert witness evidence rule in American law
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