12-2203

12-2203. Admissibility of expert opinion
testimony

A. In a civil or criminal action, only a qualified witness may offer expert opinion
testimony regarding scientific, technical or other specialized knowledge and the
testimony is admissible if the court determines that all of the following apply:

1. The witness is qualified to offer an opinion as an expert on the subject matter
based on knowledge, skill, experience, training or education.

2. The opinion will assist the trier of fact in understanding the evidence or
determining a fact in issue.

3. The opinion is based on sufficient facts and data.

4. The opinion is the product of reliable principles and methods.

5. The witness reliably applies the principles and methods to the facts of the
case.

B. The court shall consider the following factors, if applicable, in determining
whether the expert testimony is admissible pursuant to subsection A:

1. Whether the expert opinion and its basis have been or can be tested.

2. Whether the expert opinion and its basis have been subjected to peer reviewed
publications.

3. The known or potential rate of error of the expert opinion and its basis.

4. The degree to which the expert opinion and its basis are generally accepted in
the scientific community.