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FW: Daubert standard

Pence, Scott

Tue, Nov 15, 2016 3:52 PM

Sent on behalf of Susan Spurgeon:

My research tells me the 1st DCA is using the Daubert standard in cases where no party asserts that the adoption of § 90.702 is an unconstitutional attempt to legislate procedure. I also found several websites announcing that the Florida Supreme Court was to 'hold oral argument on adding the Daubert standard to the Civil Rules' in October. I can't find anything to substantiate that. (I'm aware of the recommendation of the Big Bar against Daubert)

Can anyone tell me the latest in whether we can argue Daubert standards to exclude expert testimony?

Susan K. Spurgeon
Attorney At Law

2701 N. Rocky Point Dr., Ste 900
Tampa, FL 33607
Office - (813) 639-9599
Direct - (813) 549-4138
Cell - (813) 784-4668
Fax - (813) 639-1488
susan@penningtonlaw.com mailto:susan@penningtonlaw.com
www.penningtonlaw.com http://www.penningtonlaw.com/ | Biohttp://www.penningtonlaw.com/index.cfm?p=attorney_detail&attorney_id=26 | vCardhttp://www.penningtonlaw.com/make_vcard.cfm?attorney_id=26

Sent on behalf of Susan Spurgeon: My research tells me the 1st DCA is using the Daubert standard in cases where no party asserts that the adoption of § 90.702 is an unconstitutional attempt to legislate procedure. I also found several websites announcing that the Florida Supreme Court was to 'hold oral argument on adding the Daubert standard to the Civil Rules' in October. I can't find anything to substantiate that. (I'm aware of the recommendation of the Big Bar against Daubert) Can anyone tell me the latest in whether we can argue Daubert standards to exclude expert testimony? Susan K. Spurgeon Attorney At Law 2701 N. Rocky Point Dr., Ste 900 Tampa, FL 33607 Office - (813) 639-9599 Direct - (813) 549-4138 Cell - (813) 784-4668 Fax - (813) 639-1488 susan@penningtonlaw.com<mailto:susan@penningtonlaw.com> www.penningtonlaw.com<http://www.penningtonlaw.com/> | Bio<http://www.penningtonlaw.com/index.cfm?p=attorney_detail&attorney_id=26> | vCard<http://www.penningtonlaw.com/make_vcard.cfm?attorney_id=26>

Debbie S. Crockett

Tue, Nov 15, 2016 6:27 PM

Hello - I am on the FL Civil Rules Committee, and I just asked our chair about this. Apparently, the Code and Rules of Evidence Committee, not the Civil Rules Committee, that was looking into this.

Here is a link to the Code and Rules of Evidence Committee members-
http://www.floridabar.org/DIVEXE/BD/CMStanding.nsf/WCommitteesDetail/3877D6B0D06A34FD85256C5B00554848?OpenDocument

Debbie S. Crockett
Attorney at Law

[cid:image001.jpg@01D23F44.0FCE4CB0]

Cheffy Passidomo, P.A.
400 North Ashley Drive, Suite 2540
Tampa, FL 33602

Main Office & Mailing Address
821 5th Avenue South
Naples, FL 34102

(239) 261-9300 telephone
(239) 261-9782 facsimile
dscrockett@napleslaw.com mailto:dscrockett@napleslaw.com
www.napleslaw.com http://www.napleslaw.com

This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott
Sent: Tuesday, November 15, 2016 10:52 AM
To: clc-discussion@lists.flabarrpptl.org
Cc: 'Susan Spurgeon' susan@penningtonlaw.com
Subject: [CLC-Discussion] FW: Daubert standard

Sent on behalf of Susan Spurgeon:

Can anyone tell me the latest in whether we can argue Daubert standards to exclude expert testimony?

Susan K. Spurgeon
Attorney At Law

Hello - I am on the FL Civil Rules Committee, and I just asked our chair about this. Apparently, the Code and Rules of Evidence Committee, not the Civil Rules Committee, that was looking into this. Here is a link to the Code and Rules of Evidence Committee members- http://www.floridabar.org/DIVEXE/BD/CMStanding.nsf/WCommitteesDetail/3877D6B0D06A34FD85256C5B00554848?OpenDocument Debbie S. Crockett Attorney at Law [cid:image001.jpg@01D23F44.0FCE4CB0] Cheffy Passidomo, P.A. 400 North Ashley Drive, Suite 2540 Tampa, FL 33602 Main Office & Mailing Address 821 5th Avenue South Naples, FL 34102 (239) 261-9300 telephone (239) 261-9782 facsimile dscrockett@napleslaw.com<mailto:dscrockett@napleslaw.com> www.napleslaw.com<http://www.napleslaw.com> This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm. From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Pence, Scott Sent: Tuesday, November 15, 2016 10:52 AM To: clc-discussion@lists.flabarrpptl.org Cc: 'Susan Spurgeon' <susan@penningtonlaw.com> Subject: [CLC-Discussion] FW: Daubert standard Sent on behalf of Susan Spurgeon: My research tells me the 1st DCA is using the Daubert standard in cases where no party asserts that the adoption of § 90.702 is an unconstitutional attempt to legislate procedure. I also found several websites announcing that the Florida Supreme Court was to 'hold oral argument on adding the Daubert standard to the Civil Rules' in October. I can't find anything to substantiate that. (I'm aware of the recommendation of the Big Bar against Daubert) Can anyone tell me the latest in whether we can argue Daubert standards to exclude expert testimony? Susan K. Spurgeon Attorney At Law 2701 N. Rocky Point Dr., Ste 900 Tampa, FL 33607 Office - (813) 639-9599 Direct - (813) 549-4138 Cell - (813) 784-4668 Fax - (813) 639-1488 susan@penningtonlaw.com<mailto:susan@penningtonlaw.com> www.penningtonlaw.com<http://www.penningtonlaw.com/> | Bio<http://www.penningtonlaw.com/index.cfm?p=attorney_detail&attorney_id=26> | vCard<http://www.penningtonlaw.com/make_vcard.cfm?attorney_id=26>