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September 2, 2020

Maryland Becomes 30th State to Use Higher Evidence Standard

Maryland has become the latest state to adopt a more stringent approach to expert testimony. On Aug. 28, the state’s highest court in a 4-3 decision adopted the Daubert standard, which gives more power to judges to prevent testimony from experts that is not accepted in their particular field according to a report in Legal Newsline.

The decision gives judges at least 10 new factors to consider when deciding if testimony should be presented to a jury. Defendants have urged courts in Maryland and other states to adopt the Daubert standard. Daubert is the standard used in federal courts and in more than 30 state courts. Two years ago, it was adopted by Missouri after its courts became popular destinations for plaintiffs’ lawyers with talcum powder/asbestos cases.

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