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Courtroom experts: committee debates bill to codify Daubert standard in Montana
Summary
House Bill 5 48 would codify the Daubert gatekeeper test for expert testimony in state courts. Sponsor argued it would exclude unreliable evidence and streamline cases; prosecutors, defense attorneys, and evidence commissioners warned it could clog courts and create mandatory pretrial hearings, urging carve-outs for criminal cases.
Representative Anthony Nicastro presented House Bill 5 48 to implement the Daubert standard in Montana state courts, making judges the "gatekeeper" to determine whether expert testimony is admissible based on reliability, methodology and testability. He argued adopting the federal approach would prevent unreliable expert testimony and reduce unnecessary trials.
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