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Litigation

Jun. 24, 2005

Case Boosts Judge's Control Over Scientific Testimony

Focus Column - Litigation - By Kurt F. Vote - Trial courts in California, when confronted with a dispute over the admissibility of scientific or expert testimony, follow a rule formerly known as the Kelly-Frye test and now known as the Kelly test. Roberti v. Andy's Termite & Pest Control Inc. , 113 Cal App 4th 893 (2003). Under the Kelly test, evidence obtained through a new scientific technique may be admitted only after its reliability has been established under a three-pronged test.

        
        Focus Column
        
        Litigation
        
        By Kurt F. Vote
        
 ...

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