Question
Neither the Federal Rules of Civil Procedure nor the Federal Rules of Evidence specify a procedure for Daubert Challenges. The Supreme Court's opinions also fail
Neither the Federal Rules of Civil Procedure nor the Federal Rules of Evidence specify a procedure for Daubert Challenges. The Supreme Court's opinions also fail to specify a required procedure. Despite the varied paths a Daubert Challenge can take, there are today two typical procedures:
A. A challenge to an expert made in conjunction with a motion for summary judgment or a challenge to an expert made in conjunction with a motion for judgment as a matter of law
B. A challenge to an expert made in conjunction with a motion for summary judgment or a challenge in the nature of a motion in limine
C. A challenge made to an expert in conjunction with a motion for judgment as a matter of law or a challenge in the nature of the motion in limine
D. None of the above
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