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(including but not limited to)
U.S. Federal Court, Virginia- Tennessee
Commonwealth of Virginia, General Assemby- Expert Testimony Concerning Virginia State Code and Stopping Distances
Commonwealth of Virginia, General Assemby- Expert Testimony Senate Sub-Committee on Trransportation
Harrison County, Mississippi Circuit Court
Rockingham County, North Carolina Superior Court
Pittsburgh City, Pennsylvania Circuit Court
Court of Common Pleas of Schuylkill County, Pennsylvania
Allegheny County, Pennsylvania Circuit Court
Dickson County, Tennessee Circuit Court
Wilson County, Tennessee Circuit Court
Danville County, Virginia Circuit Court
Richmond City, Virginia Circuit Court
Chesterfield County, Virginia Circuit Court
Alexandria City, Virginia Circuit Court
Woodstock City, Virginia General District Court
Portsmouth City, Virginia General District Court
Newport News City, Virginia General District Court
Buchanan County, Virginia Circuit Court
Fairfax County, Virginia Circuit Court
Gate City, Virginia Circuit Court
Goochland County, Virginia Circuit Court
Louisa County, Virginia Circuit Court
Norfolk City, Virginia Circuit Court
Spottsylvania County, Virginia Circuit Court
Stafford County, Virginia Circuit Court
Staunton County, Virginia Circuit Court
Virginia Beach City, Virginia Circuit Court
Gloucester County, Virginia Circuit Court
Greene County, Virginia Circuit Court
Newport News, Virginia Circuit Court
Amelia County, Virginia Circuit Court
Richmond City, Virginia Juvenile Court
- Admissibility in most states is governed by Evidence Code and case law.
- If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such opinion as: a subject that is sufficiently beyond common experience that such opinion would assist the trier of fact; and is based on matter (including his special knowledge, skill, experience, training and education).
- For expert opinion testimony, to be admissable:
- The subject matter must be "sufficiently beyond common experience" that the opinion would assist the jury;
- The witness must have appropriate qualifications, i.e., some special knowledge, training, or experience in that subject matter; and
- The opinion must be based on reliable matter.
- Federal ("Daubert"): whether expert opinion testimony is valid and hence, relaible, may be measured by the following factors:
- Whether the theory or technique can be and has been tested? That is, can the theory or technique be tested empirically?
- Whether the theory or technique has been subjected to peer review and publication?
- Whether in respect to a particular technique, there is a high "known or potential rate of error" and whether there are "standards controlling the technique's operation"? That is, is the error rate acceptable?
- Whether the theory or technique has achieved general acceptance within the relevant scientific community.
- Whether the expert is proposing to testify about a matter growing naturally and directly out of research he/she has conducted independent of the litigation, or whether he developed his opinions expressly for purposes of testifying.
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