October 8, 2020

After Good News In Maryland, Defense Lawyers Eye The Way MDLs Handling Questionable Testimony

Thanks to a new ruling by the Maryland Court of Appeals, Maryland courts will now follow the more rigid, scientific-based standard, the Daubert standard, as a guide for allowing evidence presented by an expert witness, according to a report in Legal Newsline. 

On the federal side, the committee is considering an amendment to Rule 702, the Testimony by Expert Witness rule, that would restate that federal judges must follow Daubert in deciding whether to allow certain expert witnesses. The federal courts adopted Daubert in the U.S. Supreme Court’s 1993 ruling Daubert v. Merrell Dow Pharmaceuticals, Inc.

The committee is scheduled to discuss the changes at its Nov. 13 meeting. A final decision is expected at its Spring meeting.

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