Evidence
Daubert Motion
DOH-burt
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Governing rule: Fed. R. Evid. 702; Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)
Plain-English definition
A Daubert motion (after Daubert v. Merrell Dow Pharmaceuticals) asks the court to exclude expert testimony as unreliable. The judge serves as a gatekeeper, weighing whether the expert's methodology is testable, has a known error rate, has been peer reviewed, and is generally accepted in its field. Frequently dispositive in product liability and toxic tort cases.
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Motion in Limine
A pretrial motion asking the court to admit, exclude, or limit specific evidence before the jury hears it.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.