Tag Archive | Rochkind

The Future of Daubert in Maryland

By Derek Stikeleather

I revisit my favorite Maryland Appellate Blog topic, the admissibility of expert testimony in Maryland courts, because it continues to generate fresh, important questions for judges and practitioners. With the Court of Appeals formally adopting Daubert as the standard for construing Maryland Rule 5-702 in all state courts, see Rochkind v. Stevenson, 471 Md. 1 (2020), Federal Rule of Evidence 702 has become, for all intents and purposes, as relevant as Maryland Rule 5-702. This is so because courts cannot adopt Daubert without adopting FRE 702.

But the unusual historical interplay between the Supreme Court’s 1993 Daubert decision and the original FRE 702 can obscure FRE 702’s primacy in a Daubert analysis. The 2020 Rochkind decision—by nominally adopting “Daubert” rather than FRE 702—similarly risks confusion if Maryland courts try to “apply Rochkind/Daubert.” Maryland courts and practitioners must be clear-eyed that, in all expert challenges, they are now applying Maryland Rule 5-702 and FRE 702. And both rules continue to evolve.

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