Delaware Docket Newsletter
Winter 2006


DELAWARE SUPERIOR COURT SELECTED FOR STUDY CONCERNING EXPERT WITNESSES

The Delaware Superior Court’s handling of testimony by experts was the subject of a recently published study conducted by the National Center for State Courts. The study was designed primarily to explore ways in which recent case law concerning expert testimony adopted by the federal courts and nine states (including Delaware) has altered admission or exclusion of expert witness testimony and how it affects courts, judges, and litigants. Under this case law, the standard for admitting expert testimony has been raised and the judge becomes a “gatekeeper”, taking on a more active role in screening expert opinion before submitting it to the jury.

It had been feared by some that this greater scrutiny would result in excessive or unnecessary cost or delay. The study found, however, that this was not the result in Delaware Superior Court cases.