Daubert Standard -


In Oregon, Daubert is instructive, but not determinative. . State v. O’Key, 321 Or. 285, 899 P.2d 663 (1995). Trial courts may look to the Daubert factors, factors set out in State v. Brown (1984), 297 Or. 404, 687 P.2d 751, and other factors. Id. “What is important is not lockstep affirmative findings as to each factor, but analysis of each factor by the court in reaching its decision on the probative value of the evidence to the text of the note under OEC 401 and OEC 702.” Brown, 687 P.2d at 759-760.