Daubert Standard -


In Taylor v. State, the Oklahoma Court of Criminal Appeals adopted Daubert and rejected the Frye for novel scientific evidence in state criminal proceedings. In 2003, in Christian v. Gray,18 the Oklahoma Supreme Court adopted Daubert and Kumho for application in Oklahoma state civil actions.

In 2013, the Oklahoma Legislature amended 21 O.S. §2702 governing expert witnesses to reflect the language in the 2000 FRE 702 (and therefore Daubert).37 Since federal court decisions can have persuasive value “when they construe federal evidence rules with language substantially similar to that in [Oklahoma] evidence statutes,” a sampling of 10th Circuit cases discussing Daubert since the early 2000s is instructive.