Kumho Tire Co. v. Carmichael
Supreme Court of the United States · Decided March 23, 1999 · 1999
Identifier: 526 U.S. 137
Access and status
Cost
Free
Free to read or download at source. No account, no purchase.
Status
Current
Current as at the verification date below. Standards and tools both move — confirm at source before you rely on it.
What it is
The decision extending the Daubert gatekeeping obligation to all expert testimony under Rule 702, including technical and other specialized knowledge, and holding that the Daubert considerations are flexible rather than mandatory, with the trial court's choices reviewed for abuse of discretion.
Who it is for, and when
This is the case that puts digital forensic testimony inside the reliability inquiry, because such testimony is usually technical and experience-based rather than classically scientific. Examiners should understand that "I have done this for twenty years" is not by itself a reliability showing after Kumho. Lawyers arguing that a tool-based opinion escapes scrutiny because it is not science should read it first.
What it does not cover
It says nothing about what makes any specific technical method reliable and gives no guidance on computer or mobile evidence. Abuse-of-discretion review means it produces few reversals, so it offers little predictive help on close calls.
Go to the source
Open at law.cornell.edu (opens in a new tab)https://www.law.cornell.edu/supremecourt/text/526/137
Details
- Type
- Standard or guidance
- Written for
- Lawyers and courtsWorking examinerLawyers and courts, Working examiner
- Publisher
- Supreme Court of the United States
- Version verified
- Decided March 23, 1999
- Year
- 1999
- Identifier
- 526 U.S. 137
- Topics
- expert-testimony, legal-admissibility, validation, us-federal
- Checked at source
- Standards are revised. Confirm the current revision with the publisher before citing this.
Related entries
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