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Abuse of Discretion

Definition

The standard of appellate review established by Joiner for Daubert rulings. An appellate court will reverse a trial judge's gatekeeping decision only if the decision was clearly unreasonable, establishing wide judicial latitude in admissibility determinations.

Established in
General Electric Co. v. Joiner
Applies to
Appellate review of Daubert admissibility rulings
Effect
Wide latitude given to the trial judge
Reversal threshold
Ruling must be clearly unreasonable

Common questions

Why does this standard favor the trial judge's decision?+

It recognizes the trial judge is closest to the evidence and testimony, so an appellate court defers unless the ruling falls entirely outside any reasonable range of decisions.

Does this standard govern how the trial judge first decides admissibility?+

No, it governs only how a higher court reviews that decision afterward on appeal, not the reasoning process the trial judge follows when first ruling on admissibility.

What does this mean practically for expert witness strategy?+

Because a reversal on appeal is hard to win under this standard, most of the real contest over expert admissibility happens at the trial court's initial gatekeeping hearing.

Related terms

Daubert Gatekeeping
The judicial function under Daubert v. Merrell Dow Pharmaceuticals (1993) and Federal Rules of Evidence Rule 702, requiring the trial judge to...
Daubert Trilogy
The three US Supreme Court decisions that together define the federal standard for expert testimony admissibility: Daubert v. Merrell Dow Pharmaceuticals (1993),...
Error Rate
One of the Daubert factors: the known or potential rate at which a method produces false positives or false negatives, and whether...
Federal Rule of Evidence 702
The US federal rule governing expert testimony. As amended through 2023, it requires that expert opinion be based on sufficient facts or...
Frye Standard
The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...

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