Forget what I said, Daubert is the Rule

In a 5-2 opinion, the Florida Supreme Court on May 23, 2019, readopted the Daubert standard for evidence. In returning to Daubert, Florida’s highest court noted incorporating the 2013 law as a procedural rule will create consistency between the state and federal courts. The change comes just one year after the Court rejected Daubert in DeLisle v. Crane Co., (Fla., October 15, 2018), and takes effect immediately.

Daubert provides a stricter standard for the admission of expert testimony. Under Daubert, a trial judge is assigned the gatekeeping function to ensure that

“any and all scientific testimony or evidence admitted is not only relevant, but reliable.”

If you have any questions or concerns on how this opinion impacts your pending litigation, please feel free to call me at 239-344-1249 or by email at amanda.ross@henlaw.com.