La necesidad de establecer el estándar Daubert como criterio de admisibilidad para las decisiones sobre el decreto y práctica de la prueba pericial de parte en Colombia

Abstract

The main objective of this article is to analyze the need to establish extra evidentiary standards for the admissibility criteria set forth in the General Code of Procedure (CGP) on expert witness evidence. With this objective in mind, the fundamental contribution developed in this paper is to indicate that the criteria established in the Daubert case should be included in the Colombian judicial process. The problem question revolved around defining whether it is necessary to establish additional admissibility criteria to the Daubert standard for the rule and practice of expert evidence in the Colombian process. Thus, it could be concluded that, in addition to the standards to be taken into account by the judge, there are three additional standards to be included that deal with technical aspects of experts’ opinion.