HB161 Alabama 2016 Session

Summary

Primary Sponsor

Matt Fridy

Republican

Session

Regular Session 2016

Title

Evidence, expert testimony, admissibility, revised, references to requirement that testimony be based on scientific theory, principle, method or procedure deleted, prospective operation, Sec. 12-21-160.1 added; Sec. 12-21-160 am'd.

Description

Under existing law, in trials, with certain exceptions, if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact, a witness qualified as an expert may testify in the form of an opinion.

In addition, expert testimony based on a scientific theory, principle, methodology, or procedure is only admissible if certain conditions are met. The existing law provides for the admissibility of expert testimony under the "Daubert Standard" that is based on scientific knowledge.

This bill would delete the reference to scientific theory, principle, methodology, or procedure concerning the admissibility of the evidence and apply the Daubert Standard to expert testimony based on scientific, technical, or other specialized knowledge.

The bill would also provide for prospective operation.

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Subjects

Civil Procedure