Expert Testimony and Scientific Evidence

40 Pages Posted: 11 Jul 2010 Last revised: 13 Jul 2010

See all articles by Lynn McLain

Lynn McLain

University of Baltimore - School of Law

Date Written: October 16, 2003


This 40-page paper was prepared as a handout at a presentation for the Maryland Judicial Institute, with the Honorable Paul Grimm as a co-presenter. Issues and questions addressed are as follows: When is Expert Testimony Appropriate? Necessary?; When is Opinion Testimony Permitted, Whether Expert or Lay?; Opinions in Out-of-Court Statements; Who Is, and Who May Testify as, an Expert?; May/Must the Expert Testify at Trial to the Factual Basis of His/Her Opinion?; Opinions on Ultimate Issues; Sufficient Basis for Expert Testimony: Generally, 5-401, 5-702, and 5-403; Scientific Evidence; Frye-Reed vs. Daubert/Kumho Tire: How Do They Work? Which is Better?

Keywords: Expert Testimony, Evidence, Opinion Testimony, Opinions in Out-of-Court Statements, Scientific Evidence, Frye-Reed, Daubert/Kumho Tire, Lay Witnesses, Opinions on Ultimate Issues

JEL Classification: K19, K29, K39, K49

Suggested Citation

McLain, Lynn, Expert Testimony and Scientific Evidence (October 16, 2003). University of Baltimore School of Law Legal Studies Research Paper. Available at SSRN: or

Lynn McLain (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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