1. HELPFULNESS

• Under M.R.E. 702, the subject matter must “assist the trier of fact.”
• Rule is generally liberal in application.

2. QUALIFICATIONS OF THE EXPERT

• Special training or special knowledge based on experience
• Formal or informal education, experience, or a combination
• Knowledge, skill, experience, training, education must be independently examined for the precise opinion to be offered.

3. RELEVANCY

• Proffered evidence must meet the baseline for relevancy established by M.R.E. 401 and 402.
• Testimony of an expert must “logically advance a material aspect of the proposing party’s case.” Daubert

4. METHODOLOGICAL RELIABILITY

• 4-Factor Daubert Test
• Whether the theory or technique has been tested
• Whether it has been subjected to peer review and publication
• Whether there is a high known or potential rate of error
• Whether the theory is “generally accepted”

5. CONNECTIVE RELIABILITY

• Reasoning underlying the expert’s opinion and the application of the opinion must both be reliable
• If the methodology is sound, the possible misapplication of the methodology to the facts of the case is not a question for the finder of fact.

6. FOUNDATIONAL RELIABILITY

• Expert’s opinion is unreliable and should not be admitted if:
• Sources relied upon do not support the opinion.
• Facts are inadequate.
• Sources themselves are not reliable.

7. RELIANCE ON INADMISSIBLE EVIDENCE USED BY OTHER EXPERTS

• Expert’s opinion may be based on inadmissible facts or data, but only if they are of a type reasonable relied upon by the majority of experts in the witness’s field.
• Gatekeeping function of the trial judge.

8. MISSISSIPPI RULE OF EVIDENCE 403

• “Expert evidence can be both powerful and quite misleading because of the difficulty in evaluating it. Because of this risk, the judge in weighing possible prejudice against probative force under Rule 403 . . . exercises more control over experts than over lay witnesses.” Daubert

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