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Historical Success Rate of Daubert Challenges, 1993-2014

June 18, 2015

The most critical component of a challenge to expert witness testimony is arguably the disposition, or outcome of the challenge.  In an effort to better understand trends in how judges rule on whether to allow experts to testify given specific challenges to qualifications, methodology, etc., we have summarized challenge outcomes into the following categories:

  • Testimony admitted
  • Testimony excluded or partially excluded
  • Testimony relied upon or given significant weight
  • Testimony not relied upon or given little weight
  • Unknown or not categorized

The results of our analysis of over 100,000 challenges to expert witness testimony from 1993-2014 are enlightening.Pie Chart

In summary, over 27% of Daubert challenges were successful.  An additional 7% of cases resulted in testimony that was ignored or given little weight.  Future blog posts will further examine this critical information by profession and by jurisdiction.

Each of the challenge records in our database contains one of the listed summary outcomes in addition to other pertinent information such as case caption and citation, parties, counsel, area of law and more.  The full text of judicial opinions is also available directly from each record.  Users who purchase Individual Subscriptions to Courtroom Insight are able to instantly analyze expert witness challenge activity for specific experts and judges.

Learn more about Expert Witness Challenge Data at Courtroom Insight.

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