What it is
A request to keep an expert witness opinion out of evidence because the expert is unqualified, the methodology is unreliable, the opinion does not fit the issues, or the testimony would not help the factfinder.
Asks the court to exclude unreliable or unhelpful expert opinions before trial.
A request to keep an expert witness opinion out of evidence because the expert is unqualified, the methodology is unreliable, the opinion does not fit the issues, or the testimony would not help the factfinder.
Filed after expert disclosures and depositions, usually before summary judgment or trial. Parties use it to challenge scientific, technical, medical, financial, engineering, and industry opinions.
The proponent defends the expert qualifications, data, methods, application, and helpfulness. It may submit declarations, deposition excerpts, studies, or a request for a Daubert hearing.
The court may exclude the expert entirely, limit particular opinions, deny the motion, or hold a hearing. Exclusion can make a claim or defense impossible to prove.