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چکیده
WITHIN THIS PAST DECADE, there have been more challenges to the admissibility of expert testimony than ever before. The trigger for this flurry of activity was Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), which has already changed the way many cases involving mental issues are litigated. At this time, a substantial majority of states follow the federal standard. A minority reject Daubert in favor of retaining Frye. Others have their own unique evidentiary standards, while still others have not yet addressed the issue. Because of the differences between the various tests, it is imperative that litigators know which rule applies in their own jurisdiction and how it has been interpreted with respect to mental health testimony. This article will review some of these new developments and offer some of practical advice for the practicing attorney. Since the general trend seems to favor the federal innovations, I shall mostly confine my comments to them.
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