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All other expert testimony was governed by Alabama Rules of Evidence 702, which requires the expert to be qualified by ?knowledge, skill, experience, training, or education? and that the testimony ?assist the trier of fact to understand the evidence or determine a fact in issue.? Daubert will be triggered with all ...
A person who is designated as an expert witness must be qualified on the subject of their testimony. See Federal Rule of Evidence 702. The court serves as a ?gatekeeper? to screen out experts who are unqualified, their expertise is irrelevant to the facts at issue, or their methods are unreliable.
Rule 702 requires the testimony to be "based on sufficient facts or data." The expert must base his or her opinion on enough information, observations, tests, experiments, and other data to make them reliable. However, experts do not need personal knowledge.
A witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The standard is a minimal one. The witness need not be the best available expert or have extensive training. The expert's qualifications must be established on the record before the witness is asked to give opinions.
Alabama only uses the Daubert standard when the issue in question is the ?admissibility of DNA evidence.? Id. In all other situations, Alabama follows the Alabama Rule of Evidence 702 to determine the admissibility of ?nonscientific expert testimony.? Id.
Evidence Code §720(a) allows a person to testify as an expert witness ?if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.? (emphasis added).
Under either rule, a qualified expert's scientific or technical opinion testimony must help a trier of fact to understand the evidence or to determine a fact in issue; it must be based on sufficient facts or data; it must be the product of reliable principles and methods; and the expert must have reliably applied the ...
Rule 703 also provides, however, that the facts may be made known to the expert outside the trial or hearing at which the expert is testifying. This includes data presented to the expert by means other than personal perception, such as through the opinions, records, or reports of others.