Expert Testimony Under Reed/Frye and Daubert

• Jurisdiction: Maryland

II. EXPERT TESTIMONY UNDER REED/FRYE AND DAUBERT

In preparing an employment law case, attorneys often consider expert testimony. Some of the issues might involve medical issues, emotional distress, human resource policies, damages, and general business policies. Other than damage issues and medical issues, getting expert testimony admitted in state court is often difficult.

Under both Md. Rule 5-702 and FED. R. EVID. 702, expert testimony must (1) have a proper foundation, (2) be reliable, and (3) be of help to the jury. However, the major difference between the federal and state rule is the test as to whether or not expert testimony is admissible.

A. The Maryland Rule on Expert Testimony—Reed/Frye Overturned

In Maryland, prior to 2020, the testimony was only admissible if the testimony was generally accepted within the scientific community.⁴

That is to say, before a scientific opinion will be received as evidence at trial, the basis of that opinion must be shown to be generally accepted as reliable within the expert's particular scientific field. Thus, according to the Frye standard, if a new scientific technique's validity is in controversy in the relevant scientific community, or if it is

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