Individual states may have additional standards for the admissibility of evidence. Some states apply Daubert admissibility standards, some states continue to follow Frye, and still others have applied other combinations of admissibility standards.

The expert should consult with the proffering attorney to ensure that any applicable state standards for the case are clearly understood.

Although states may differ on admissibility rules, the standards as set forth in Daubert are mandatory for cases in federal courts.

For more on admissibility issues, see Importance of Case Preparation, Visual and Demonstrative Aids and Rules for Experts; Discovery, Discoverable Information.

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