All corrections
Wikipedia July 15, 2026 at 06:01 AM

en.wikipedia.org/wiki/Admissible_evidence

2 corrections found

1
Claim
The Court laid out four non-exclusive factors that trial courts may consider when evaluating scientific expert reliability: (1) whether scientific evidence has been tested and the methodology with which it has been tested; (2) whether the evidence has been subjected to peer review or publication; (3) whether a potential rate of error is known; and (4) whether the evidence is generally accepted in the scientific community.
Correction

This misstates Daubert. The Supreme Court identified five illustrative reliability considerations, not four.

Full reasoning

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court said that, when assessing scientific expert testimony, courts may consider five kinds of considerations: whether the theory or technique can be tested, whether it has been subjected to peer review and publication, its known or potential error rate, the existence and maintenance of standards controlling its operation, and whether it has gained acceptance in the relevant scientific community. The article's list omits that fourth consideration about standards/controls and therefore incorrectly says the Court laid out only four factors.

This is also reflected in the Advisory Committee Note to Federal Rule of Evidence 702, which summarizes the "specific factors explicated by the Daubert Court" as a five-factor checklist, again including "the existence and maintenance of standards and controls."

2 sources
2
Claim
If the evidence is documentary, the party proffering the evidence must be able to show that it is authentic, and must be able to demonstrate the chain of custody from the original author to the present holder.
Correction

This overstates the authentication requirement for documents. Documentary evidence is not universally required to be admitted through a chain of custody from the original author to the present holder.

Full reasoning

Under the Federal Rules of Evidence, documentary evidence is authenticated when the proponent offers evidence sufficient to support a finding that the item is what the proponent claims it is. Rule 901 then gives multiple examples of how that can be done, including testimony of a witness with knowledge, distinctive characteristics, public-record evidence, ancient-document evidence, and other methods. It does not impose a blanket requirement that every document be traced by a chain of custody from the original author to the present holder.

The article's statement is contradicted even more clearly by Rule 902, which lists many categories of self-authenticating documents that "require no extrinsic evidence of authenticity in order to be admitted," such as certified public records, official publications, newspapers and periodicals, acknowledged documents, and certain business records. Because some documentary evidence is self-authenticating and other documents can be authenticated by methods other than chain of custody, the article's categorical statement is inaccurate.

3 sources
Model: OPENAI_GPT_5 Prompt: v1.16.0