What must an expert witness show to be admissible under Rule 702 and the Daubert standard?

• A. The expert must be qualified by knowledge, skill, experience, training, or education; the testimony must be based on reliable data or information, use reliable methods, and be reliably applied to the facts.
• B. The expert merely needs to have a license in the field.
• C. The expert's testimony is admissible regardless of data reliability.
• D. The expert is admissible only if the judge personally approves the methods.

Answer: (A)

Under Rule 702 and Daubert, admissibility hinges on two things: the expert’s qualifications and the reliability of the opinion’s foundation. The expert must be qualified by knowledge, skill, experience, training, or education to testify in the relevant field. But qualification alone isn’t enough—the testimony must be based on reliable data or information and must use reliable methods, with those methods applied reliably to the facts of the case. In short, the opinion has to rest on sound data or evidence and a sound, generally accepted method, applied properly to the situation at hand.

It’s not enough to simply hold a license or title, and it’s not a matter of the judge personally approving each method. The judge acts as a gatekeeper, weighing the reliability of the data and methods (often considering Daubert factors such as testability, error rates, peer review, standards, and general acceptance) to determine if the testimony is scientifically valid and helpful to the trier of fact.

So the best answer reflects both proper qualification and a reliable, appropriately applied method based on reliable data.