Daubert Standard -


The Supreme Court of Texas adopted the Daubert standard in E.I. du Pont de Nemours and Co., Inc. v. Robinson, 923 S.W.2d 549 (1995), holding that the proponent of expert testimony must show the testimony is relevant to the issues in the case and based upon a reliable foundation. The Court clarified in Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713 (Tex.1998) that the Daubert standard applies to all expert testimony (and not just scientific testimony).

Yes – Texas has adopted Daubert. Admissibility is a preliminary question determined by the trial court. The trial court assumes a mandatory “gatekeeping” role described in the Daubert and adopted by the Texas Supreme Court in E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995). Prior to introducing expert testimony to a jury, a trial court must first determine (1) whether a witness is qualified to offer expert testimony; (2) whether the testimony offered is relevant; and (3) whether the testimony is sufficiently reliable. Robinson, 923 S.W.2d at 556–57.