“Daubert” Motions in the AI Era:

The Hybrid Future of International Commercial Disputes: Where Human Expertise Meets AI Efficiency with NexLaw.ai
The Global Courtroom: How International ODR and AI Are Revolutionizing Cross-Border Disputes
Minimizing Court Backlogs: The Preventative Power of AI in Early Dispute Resolution and Mediation

Table of Contents

The Problem: The Herculean Task of Vetting an Expert

What’s Next: Building an Instant “Expert Dossier”

A Step-by-Step Workflow for an AI-Powered Daubert Motion

Case Study: Defending Your Own Expert

The New Standard in Expert Witness Practice

"Daubert" Motions in the AI Era:

In the high-stakes world of U.S. litigation, the “battle of the experts” is often where complex cases are won or lost. The testimony of an expert witness can provide the scientific, technical or financial foundation for a party’s entire case. This makes the Daubert motion: motion to exclude or limit an opposing expert’s testimony is one of the most powerful and potentially case-dispositive tools in a trial lawyer’s arsenal. Successfully challenging an expert under the standard set by Daubert v. Merrell Dow Pharmaceuticals, Inc. requires a deep and meticulous investigation into the expert’s qualifications, methodology and past work. This is a laborious process, but the payoff can be immense. A 2025 analysis of federal litigation showed that a successful Daubert motion increases the likelihood of a favorable settlement by over 50%.

The Problem: The Herculean Task of Vetting an Expert

Challenging an expert witness is a multi-front war. You need to attack their qualifications, the reliability of their methodology and the application of that methodology to the facts of the case. This requires:

Exhaustive Research: Combing through hundreds of academic articles, publications and conference presentations authored by the expert.
Analyzing Past Testimony: Finding and reviewing transcripts of the expert’s testimony in prior cases to identify inconsistencies.
Scrutinizing the Methodology: Understanding the scientific or technical principles underlying the expert’s opinion and finding literature that challenges those principles.
Connecting to the Case Record: Linking any weaknesses in the expert’s report directly to the factual evidence in your case.

This level of deep-dive research on a single expert can consume hundreds of hours of associate time.

What’s Next: Building an Instant "Expert Dossier"

A professional AI Legal Assistant can revolutionize this process. It can ingest a vast amount of public and case-specific information about an expert and, in minutes, create a comprehensive “Expert Dossier” that would take a human team weeks to compile. A platform like NexLaw AI can:

Identify Contradictory Positions:

Using semantic analysis, the AI can read all of this material and flag instances where the expert has taken a position in a past writing that contradicts their current testimony.

Analyze Deposition Testimony:

The AI can ingest the expert’s deposition transcript from your case and cross-reference it against their report and past testimony to find inconsistencies.

Research the Methodology:

The AI can research the expert’s stated methodology and find scientific literature that questions its reliability or rate of error.

Act now to transform your
practice and achieve your goals.

See NexLaw in Action

Start your free trial and kick off your legal AI journey with a personalized demo

*By submitting the form, you agree to the Terms of Service and Privacy Policy

See NexLaw in Action

Select Your Role

Lawyer

Professional (Looking to Use Legal Services)

Self-Represented Litigant

Student

Law Firm Name

Work Email Address

What would you like to do?

Demo Call

Demo Call Calendar to Book a Time

Trial Start Date Calendar to Select a Date

Please choose one of the following options:

Demo Call

Currently, we only offer Demo Calls for self-represented individuals.

Demo Call

We welcome students to explore our platform via a Demo Call.

Demo Call

Contact Information (Required for either option):

First Name

Last Name

Work Email Address

University Email Address

Phone Number

Company Name

Company Type

Location/Jurisdiction

Where did you hear about us?

Message/Details

A Step-by-Step Workflow for an AI-Powered Daubert Motion

Let’s use a scenario where you are defending a pharmaceutical company in a product liability case. The plaintiff’s key expert has submitted a report linking your client’s drug to the plaintiff’s injury.

Step 1: Build the Factual Foundation in ChronoVault

You begin by uploading the expert’s report, their deposition transcript and their CV into NexLaw AI’s TrialPrep module. You then instruct the AI to conduct a search for all publicly available articles authored by this expert.

Step 2: AI-Driven Inconsistency Analysis

You instruct the AI to “Analyze this expert’s report and deposition testimony and compare it to their past publications for any inconsistencies.”
AI in Action: The AI generates a report. It flags a key inconsistency: In his deposition, the expert testified that a causal link could be established with “scientific certainty.” However, the AI found a law review article he co-authored three years ago in which he wrote, “In this field, establishing a definitive causal link is nearly impossible; one can only speak in terms of increased statistical risk.”
The Advantage: You now have a powerful piece of evidence, written in the expert’s own words, that directly contradicts the foundation of his testimony in your case. This is prime material for a Daubert motion and for cross-examination.

Step 3: Challenging the Methodology

You then instruct the AI: “Research the ‘meta-analysis’ methodology used by this expert in his report and find peer-reviewed articles that critique this approach.”
AI in Action: NeXa, the research assistant, scans scientific databases and finds several articles that criticize the use of meta-analysis for this specific type of epidemiological study, highlighting its potential for bias.
The Advantage: You now have a second, powerful line of attack for your Daubert motion, focused on the unreliability of the expert’s methodology.

Step 4: Drafting the Motion

With this AI-gathered ammunition, you use the NeXa to help draft your Daubert motion. The AI helps you structure the argument, weaving together the expert’s own contradictory article with the scientific literature that critiques his methodology, creating a powerful and well-supported motion.

Case Study: Defending Your Own Expert

The tables can also be turned. Imagine an opponent files a Daubert motion against your expert. You can use NexLaw AI to rapidly respond. You can instruct the AI to “Analyze our expert’s report and find peer-reviewed literature that supports the reliability of her methodology.” The AI can instantly provide you with the scientific support you need to draft a powerful opposition brief, defending your expert’s credibility and ensuring their critical testimony reaches the jury.

Interested In Features Like This?

Receive complimentary access to our resources and a personalized live demo tailored to your needs.

The New Standard in Expert Witness Practice

The battle of the experts is a battle of information. The side that can most effectively research, analyze and deploy information about the experts will have a decisive advantage. An AI Litigation platform is the ultimate force multiplier in this battle, allowing you to build more powerful challenges and more resilient defenses.

Ready to gain the upper hand in your next battle of the experts?

Book a Personalized Demo to see how NexLaw AI can revolutionize your expert witness practice.

Explore Our Plans and discover a new level of strategic trial preparation.