Saturday, February 11, 2006

Objecting Party Has Initial Burden to Call Reliability of Expert Testimony into Question, Says Nebraska Supreme Court

The Nebraska Supreme Court has clarified that under Nebraska's Daubert/Schafersman test for expert testimony, the initial burden falls on the objecting party to call the reliability of the testimony into question. Only then does the burden of establishing the reliability of the evidence shift to the propounding party. See State v. Mason, 271 Neb. 16 (2006). Apparently, under Mason, a general challenge that fails to specify the allegedly unreliable aspects of the testimony does not satisfy the objecting party's burden.

posted by pn at 6:23 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.