Georgia
How Daubert v. Merrell Dow Pharmaceuticals, Inc. applies in Georgia: state-specific rules, key cases, and bar exam notes for Evidence.
Georgia follows the principles outlined in Daubert, adopting a reliability standard for expert testimony under its Evidence Code. The state courts evaluate the relevance and reliability of expert evidence using a somewhat flexible application of Daubert factors.
In Georgia, the admissibility of expert testimony is governed by O.C.G.A. § 24-7-702, which requires that the witness be qualified as an expert and that their testimony be based on sufficient facts or data, be the product of reliable principles and methods, and apply those principles and methods reliably to the facts of the case.
Expert testimony regarding drug use and psychological factors was deemed admissible when sufficiently grounded in accepted practices.
The court upheld the exclusion of expert testimony that did not meet reliability standards set forth in Daubert.
The court affirmed the trial court's decision to allow expert testimony that was based on scientifically valid methods.
Georgia's approach to the admissibility of expert testimony aligns closely with the federal standard established in Daubert, emphasizing reliability and relevance. However, Georgia allows for a broader interpretation of what constitutes reliable scientific methodology, giving trial judges some leeway in their discretion.
Students should be familiar with the general principles of expert testimony as established by Daubert, particularly how they are applied under Georgia law, as this topic may appear on the Georgia bar exam.