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DAUBERT MOTION

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It is a motion (typically made in federal civil litigation, although the same sort of motion could be made in a state court case) to exclude the testimony of an expert witness on the ground that the expert is not qualified or, more typically, that the expert is testifying on a scientific issue and that his/her testimony is not based on proper scientific theory and/or methods. The name comes from a 1993 U.S. Supreme Court decision (Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)), in which the Court said that federal district judges should act as "gatekeepers" for expert testimony, rather than letting both sides present experts and letting the jury choose which expert was more believable.

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