On February 16, 2017, in IN RE: AMENDMENTS TO THE FLORIDA EVIDENCE CODE, No. SC16-181, the Florida Supreme Court declined to adopt legislative amendments incorporating the Daubert standard for expert testimony as part of the Florida Evidence Code. This was a widely anticipated opinion on an in issue which has pitted the civil plaintiff’s bar (which generally favors the predecessor Frye standard) against the civil defense bar.
The Frye test, which until recently has been applied in all Florida courts, provides that “in order to introduce expert testimony deduced from a scientific principle or discovery, the principle or discovery ‘must be sufficiently established to have gained general acceptance in the particular field in which it belongs.’ ” Flanagan v.
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