Daubert Standard -


Maryland, in August 2020, officially adopted the Daubert standard in Rochkind v. Stevenson, 471 Md. 1, 236 A.3d 630 (2020). Maryland adopted the five Daubert factors to be persuasive in interpreting Rule 5-702. In addition, Maryland also found five additional factors to be considered in determining whether expert testimony is sufficiently reliable. These factors include:

(6) whether experts are proposing to testify about matters growing naturally and directly out of research they have conducted independent of the litigation, or whether they have developed their opinions expressly for purposes of testifying;

(7) whether the expert has unjustifiably extrapolated from an accepted premise to an unfounded conclusion;

(8) whether the expert has adequately accounted for obvious alternative explanations;

(9) whether the expert is being as careful as he [or she] would be in his [or her] regular professional work outside his [or her] paid litigation consulting; and

(10) whether the field of expertise claimed by the expert is known to reach reliable results for the type of opinion the expert would give.

Id. (citing Fed. R. Evid. 702 Advisory Committee Note (cleaned up)).