Daubert in the Law Office: Routinizing Procedural Change
Herbert M. Kritzer
University of Minnesota Law School
Univ. of Wisconsin Legal Studies Research Paper No. 1043
William Mitchell Legal Studies Research Paper No. 72
Journal of Empirical Legal Studies, Forthcoming
The U.S. Supreme Court's pronouncements on the standards that should govern the admission of scientific and other expert testimony, what is commonly referred to as the Daubert Trilogy, has produced substantial legal commentary and a growing body of empirical research. Most of that research focuses on decisions by courts on Daubert challenges; while there is some speculative discussions on the broader impact of Daubert, there is minimal empirical research assessing the impact of Daubert more broadly on the litigation process. Drawing on a combination of observation in a law firm and a series of interviews with practitioners, this paper describes the process of decision making about Daubert related issues. The conclusion drawn from the analysis is that Daubert has become a routinized aspect of the litigation process in a range of cases, few of which deal with the kind of controversial or innovative science at the heart of the original Daubert case.
Number of Pages in PDF File: 44
Keywords: litigation, expert testimony, scientific testimony, evidenceAccepted Paper Series
Date posted: October 1, 2006
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