Civil Litigation
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Holy Cross Hospital, Inc. v. Marrone
27 Fla. L. Weekly D1212 (Fla. 4th DCA May 31, 2002)
When a Frye-type admissibility issue is raised, a separate hearing is required to determine the merits of the testimony. Evidence based upon "new and novel" scientific techniques are eligible for a Frye admissibility claim. Therefore, if a trial court finds that the proposed testimony is opinion laden and based upon unproven techniques, the court can exclude that evidence. If, upon a de novo review, the evidence is determined to be inadmissable under Frye, then a new trial should be ordered.
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