Florida Supreme Court rejects Daubert statute as an unconstitutional infringement on the court’s rulemaking authority, declares Frye to be the law in Florida

October 16, 2018

On October 15, 2018, in the Delisle v. Crane Co., matter, No. SC16-2182, the Florida Supreme Court held that the amendments to the Florida Evidence Code to incorporate Daubert are unconstitutional and the Frye standard should be applied. The Florida Supreme Court had already declined to adopt the amendments in, In re Amendments to the Florida Evidence Code, No. SC16-181 (2017), but did not declare the amendments unconstitutional. This opinion takes that final step.

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