Laying the Foundation: Expert Witnesses Louisiana Judicial College Louisiana Association for Justice Evidence and Procedure Seminar 2016: Steps to Justice Scott R. Bickford Robert E. Kleinpeter February 18, 2016 Matthew E. Lundy

The trial judge allows expert testimony in evidence after a party lays the foundation.

The Court admits specialized testimony if an expert is qualified, uses sound methodology, and helps jurors understand the facts. Q + M + H

Expert qualification is determined outside the jury’s presence, by a preponderance standard and is not subject to rules of evidence.

Five flexible factors should guide the Court’s decision on sound methodology: Testability Peer review Error rate Standards General Acceptance According to Seligman

But some historically reliable disciplines will not conform to the factors.

Special procedural rules guide the trial judge at a Daubert hearing. La. Code Evid. Art. 104 (preliminary questions of admissibility and qualifications of a witness) C.C.P. Art. 1425(F) (deadlines for the filing, hearing, and ruling of Daubert motions)

The expert testimony must help the trier of fact.

Louisiana courts consider the basic methodology used by physicians to diagnose diseases to be sufficient.

The Reference Manual on Scientific Evidence (Third Edition) assists judges in understanding scientific and technical evidence.

The trial judge should admit expert testimony of a (1) qualified witness (2) who employs a sound methodology (3) which will help the trier of fact.