Which states use the Frye standard?

In many, but not all jurisdictions, the Frye standard has been superseded by the Daubert standard. States still following Frye include California, Illinois, Maryland, Minnesota, New Jersey, New York, Pennsylvania, and Washington.

What is a Frye motion?

Frye motion is a special type of motion in limine. The motion is raised before or during trial, to exclude the presentation of unqualified evidence to the jury.

Why was the Frye standard needed?

Standard used to determine the admissibility of an expert’s scientific testimony, established in Frye v. A court applying the Frye standard must determine whether or not the method by which that evidence was obtained was generally accepted by experts in the particular field in which it belongs.

Is the Frye standard still used?

The Frye standard has been abandoned by many states and the federal courts in favor of the Daubert standard, but it is still law in some states.

What does the Frye standard apply to?

Essentially, to apply the “Frye Standard” a court had to decide if the procedure, technique or principles in question were generally accepted by a meaningful proportion of the relevant scientific community. This standard prevailed in the federal courts and some states for many years.

What was the Frye rule in the Daubert case?

The Frye rule was reviewed by the U.S. Supreme Court in the Daubert case. [Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) .] This was a case brought by two children born with birth defects that they claimed were caused by an anti- nausea drug, Bendectin.

Can a lower court dismiss a Daubert case?

The lower court in the Daubert case, reexamining the evidence in view of the Supreme Court’s ruling, again dismissed the plaintiff’s case. This is not universal. Some judges use the Daubert test to admit very questionable evidence that clearly would not have been allowed under a strict reading of Frye.

What was the main issue in the Daubert case?

Using these experts, plaintiffs had filed many cases against the manufacturer, Merrell Dow Pharmaceuticals. The Daubert case turned on whether Bendectin, a anti- nausea drug for pregnant women, caused non-specific birth defects.

How many states have adopted the Daubert standard?

Only nine states have adopted Daubert in its entirety, while other states have their own completely different standard of admissibility. Overall, the evidentiary standard governing the admissibility of expert testimony is, in many respects, a continuum opposed to a bright-line rule.