© D.L. Crumbley
Daubert’s Five Factors
Whether the theory or technique used by the expert can be, and has been, tested;
Whether the theory or technique has been subjected to peer review and publication;
The known or potential rate of error of the method used; and
The degree of the method’s or conclusion’s acceptance within the relevant community.
Did theory exist before litigation began.
(on remand, CA-9 adds 5th factor)