Trach v. Fellin

In Trach v. Fellin, 2003 PA Super 53, 817 A.2d 1102, 1123 (Pa. Super. Ct. 2003), the Superior Court of Pennsylvania stated that the party seeking to prevent the admission of scientific evidence under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) bears the burdens of production and proof. The court directed that trial courts should deny the motion without a hearing unless the moving party has presented and supported a prima facie case that the evidence is not generally accepted. Id. In addition, "the party seeking to bar evidence under Frye must identify precisely what is arguably not generally accepted about the expert's opinion." Id. at 1125 .