In re: Amendments to the Florida Evidence Code
Exercising its exclusive rulemaking authority under article V, section 2(a), the Florida Supreme Court receded from its 2017 refusal to adopt the Legislature's Daubert amendments and adopted the amendments to sections 90.702 and 90.704, Florida Statutes (ch. 2013-107, erences 1-2), effective immediately. Florida thereby replaced the Frye 'general acceptance' standard with the Daubert reliability standard used under Federal Rule of Evidence 702. The Court expressly declined to resolve the constitutional challenges to Daubert, leaving them for a proper case or controversy.
Key facts
- The Florida Supreme Court exercised its rulemaking authority to adopt amendments to the Florida Evidence Code, replacing the Frye 'general acceptance' standard with the Daubert reliability standard for expert witness testimony.
- The Court receded from its 2017 decision rejecting Daubert amendments, concluding that the constitutional concerns previously cited as the basis for rejection appeared unfounded.
- +2 more key facts with a free trial
Why it matters
This is the landmark decision ending the Frye/Daubert conflict in Florida and converting every state-court expert challenge to the federal reliability framework, including 'pure opinion' testimony that had been immune… — full analysis with a trial
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