Several years ago, Florida lawmakers decided to enact a measure that would alter F.S. 90.702 (testimony by experts) and F.S. 90.704 (basis of opinion testimony by experts), forgoing the so-called “Frye standard” (so named for the 1923 case of Frye v. U.S.) and instead adopt the more stringent and widely-used “Daubert standard”(so named for the 1993 U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharm., Inc.). Then earlier this year, the Florida Supreme Court in the per curiam ruling of In re: Amendments to the Florida Evidence Code, decided NOT to adopt the Daubert standard – even though the legislature had passed a law enacting it – for two reasons:
- Concerns regarding the constitutionality of the amendment;
- Procedural concerns with the law creating a section that isn’t part of the state’s evidence code.
So why does any of this matter when it comes to your personal injury lawsuit? The truth is, it may have a significant impact in the type of evidence you are allowed to present in your case. The federal courts and most other states now follow the Daubert standard, while Florida is one of the few states that still follows Frye. Continue reading →