What standard does Georgia use to decide if expert testimony is admissible?

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Georgia applies the Daubert standard to expert testimony in civil cases, codified at O.C.G.A. § 24-7-702. Before a jury hears an expert, the trial judge must find that the witness is qualified, that the opinion is reliable, and that it is relevant to a fact in the case. Speculation and unsupported say-so do not clear that bar.

The Daubert framework in Georgia

When Georgia modernized its evidence code, it adopted the approach the United States Supreme Court set out in Daubert v. Merrell Dow Pharmaceuticals and its companion cases. Section 24-7-702 directs that, in interpreting the rule, Georgia courts may look to federal decisions including Daubert, General Electric Co. v. Joiner, and Kumho Tire Co. v. Carmichael. The result is that federal reliability principles guide how Georgia judges screen expert opinions in civil litigation.

Under this framework, an expert opinion is admissible only if it satisfies three core requirements:

  • Qualification: the witness has the knowledge, skill, experience, training, or education to offer the opinion.
  • Reliability: the opinion rests on sufficient facts or data and is the product of reliable principles and methods applied reliably to the case.
  • Relevance: the testimony will help the jury understand the evidence or decide a fact at issue and fits the facts of the case.

The judge as gatekeeper

The statute makes the trial judge a gatekeeper. Rather than letting any credentialed witness testify and leaving the rest to cross-examination, the court must first decide whether the opinion is reliable enough to reach the jury at all. This screening focuses on the expert’s methodology and reasoning, not merely the conclusion. An opinion can be excluded when the analytical gap between the data and the conclusion is too wide, or when the method has no sound basis.

Reliability is judged flexibly. Courts may consider factors such as whether a technique can be tested, whether it has been subject to peer review, its known error rate, and whether it is generally accepted, but no single factor controls, and the inquiry adapts to the kind of expertise involved. Because reliability turns on method, the same expert may be allowed to testify on one point and barred on another.

A judge’s gatekeeping decision is generally reviewed for abuse of discretion, which gives the trial court considerable latitude in deciding what the jury will hear.

The bottom line

Georgia uses the Daubert standard under O.C.G.A. § 24-7-702 for civil expert testimony, requiring the judge to find the expert qualified, the opinion reliable in method, and the testimony relevant. The court acts as a gatekeeper, screening out speculation before it reaches the jury, with federal Daubert-line cases guiding the analysis.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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