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American Bar Association

Updated 50 State Survey of Daubert/Frye Applicability: 2014–2015


Several years ago, the Trial Evidence Committee published a survey of the standards for the admissibility of expert opinion testimony in the 50 States and the District of Columbia, with emphasis on the applicability of Daubert in each jurisdiction. The Survey is a summary of each state’s standard with respect to the admissibility of expert testimony, and in particular, whether Daubert, Frye, or a different standard is applied.

We are pleased to present an updated and expanded survey, beginning with the States of the First Circuit, to be completed throughout the 2014–15 year.

Click on each state to view applicable standards, which are available in PDF format (PDF). Please note: You must be a member of the ABA and Section of Litigation and must be logged on to access the information.


First Circuit Update

William T. Davison, Esq.; John Kenneth Felter, Esq.; Eric R. Harlan, Esq.; James A. King, Esq.; Jennifer B. Routh, Esq.; Lazar W. Sterling-Jackson, Esq.



Second Circuit Update

Russell B. Buchanan, Esq.; Katie L. Dysart, Esq.; Eric R. Harlan, Esq.; James A. King, Esq.



Third Circuit Update

Russell B. Buchanan, Esq.; Katie L. Dysart, Esq.; Eric R. Harlan, Esq.; Jennifer B. Routh, Esq.



Fourth Circuit Update


Eric Harlan, Esq.; Helene R. Hechtkopf, Esq.; Jennifer B. Routh, Esq.


The original survey is also available.

Note: This online survey should be used as only a starting point and not a substitute for original research. The articles are intended to be general summaries, but not exhaustive treatments, of the laws governing legal malpractice claims in each state. By necessity the articles are incomplete, and there may be exceptions or contrary authority to the general points discussed. The articles are not legal opinions or legal advice. You should consult with an attorney about specific concerns in this area. The views expressed in the survey are those of the contributing authors and not necessarily those of their employers or the American Bar Association.


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