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Is Daubert or Frye used for expert witness testimony admissibility in Michigan? The state of Michigan follows the Daubert test for the admissibility of expert witness testimony.
Expert witnesses must have knowledge, skill, experience, training, or education, which should help understand the evidence or determine a fact in an issue. Different jurisdictions may have different ways in which these requirements can be met.
It may be possible to disqualify the professional if he or she has a conflict of interest in the case, does not have the necessary relevance to the claim or does not use reliable methods of determining connections with evidence or other processes.
Under MRE 703 If of a type reasonably relied upon by experts in the particular field in forming opinions or in- ferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted.
Interrogatories may require a party ex- pecting to proffer expert testimony at trial to (1) identify the expert, (2) state the sub- ject matter about which the expert is ex- pected to testify, (3) state the substance of the facts and opinions to which the expert is expected to testify, and (4) provide a sum- mary of ...
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.
An expert witness is a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or scientific issues.
If the court determines that 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 ...