Frye vs. Daubert: ‘Gatekeeping’ function better left for juries, not judges, to decide

Letter to the Editor

By Stephen F. Monroe

Partner, Marc J. Bern & Partners LLP

Posted November 29, 2022 11:20 AM

In the Nov. 9, column For the Defense, a recent appellate decision, Molitor v. BNSF Railway Company, 2022 IL App (1st) 121486-U, is maligned to argue for replacing our Frye standard, codified in Illinois Rule of Evidence 702, with the federal Daubert standard.Frye applies only to scientific opinions derived from a new or novel methodology. If new or novel, the trial court determines whether the methodology is generally accepted, and therefore reliable. “Gatekeeping” functions — that is, assessing an …

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