What is the test for admissibility of expert testimony based upon the application of a new scientific technique?

California, United States of America


The following excerpt is from People v. Pizarro, 10 Cal.App.4th 57, 12 Cal.Rptr.2d 436 (Cal. App. 1992):

"... admissibility of expert testimony based upon the application of a new scientific technique traditionally involves a two-step process: (1) the reliability of the method must be established, usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. [Citation.]. Additionally, the proponent of the evidence must demonstrate that correct scientific procedures were used in the particular case." (People v. Kelly, supra, 17 Cal.3d at p. 30, 130 Cal.Rptr. 144, 549 P.2d 1240.)

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