<P> The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings . Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the jury . The Daubert trilogy refers to the three United States Supreme Court cases that articulated the Daubert standard: </P> <Ul> <Li> Daubert v. Merrell Dow Pharmaceuticals, which held in 1993 that Rule 702 of the Federal Rules of Evidence did not incorporate the Frye "general acceptance" test as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; </Li> <Li> General Electric Co. v. Joiner, which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and his conclusion, and that an abuse - of - discretion standard of review is the proper standard for appellate courts to use in reviewing a trial court's decision of whether it should admit expert testimony; </Li> <Li> Kumho Tire Co. v. Carmichael, which held in 1999 that the judge's gatekeeping function identified in Daubert applies to all expert testimony, including that which is non-scientific . </Li> </Ul>

When do judges typically apply the daubert standard