Exhibit F

CAUSE NO.__________________

IN THE INTEREST OF

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IN THE DISTRICT COURT OF

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§ HARRIS COUNTY, TEXAS

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CHILDREN

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_______JUDICIAL DISTRICT

NOTICE OF OBJECTION TO INTRODUCTION OF TESTIMONY AS PROVIDED UNDER DAUBERT, ROBINSON AND NENNO AND REQUEST FOR"GATEKEEPER" HEARING

  1. Respondent, ______________, files this her Notice of Objection to Introduction of Testimony, based on the lack of relevance and reliability as provided by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex 1995), and Nenno v. State, 970 S.W.2d 549 (Tex. Crim. App. 1998). ______________ further requests an oral hearing on the admissibility of testimony, whether live, by deposition or through written report, by the following persons designated as expert witnesses by Petitioner, DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES ("DFPS"):
    (1) ______________.
  2. ______________ asserts that any evidence to be offered by Petitioner and any other party, including Attorney Ad Litem and/or Guardian Ad Litem, by the witness listed above is not grounded upon careful scientific methods and procedures, nor does such evidence demonstrate a careful scientific investigation upon which reliable conclusions could be based. ______________ further asserts that the witness listed above does not have the knowledge, skill, experience, training, or education to qualify as an expert. ______________ further asserts that the conclusions and recommendations made by the witnesses listed above are not based on scientifically valid reasoning and methodology, nor does such evidence show that the witnesses have any reliable basis for their opinions which are grounded in knowledge and experience of their discipline. ______________ further asserts that the testimony of the person listed above is not based on theories and techniques that have been properly subjected to peer review. Additionally, ______________ asserts that the witness listed above have failed to show that their methodology would have received any degree of acceptance within the relevant scientific community.
  3. As provided by Daubert, Robinson, and Nenno, ______________ requests that an oral "gatekeeper" hearing be conducted by this Court, at which the burden of proof falls on Petitioner, and any other party, including Attorney Ad Litem and/or Guardian ad Litem, to prove the relevance and reliability of such evidence. Based on the following factors:
    1. whether the field of expertise is a legitimate one;
    2. whether the subject matter of the witness' testimony is within the scope of that field; and
    3. whether the witness' testimony properly relies upon and/or utilizes the principles in that field. See Nenno, 970 S.W.2d at 560.
    • the extent to which the theory forming the basis of the opinion held by the witness has been tested;
    • the extent to which the technique used by the witness in forming his or her opinion relies upon the subjective interpretation of the witness;
    • whether the theory has been subjected to peer review and/or been published;
    • the technique's potential rate of error;
    • whether the underlying theory or technique has been generally accepted as valid by the relevant scientific community; and
    • the non-judicial uses which have been made of the theory or technique. See Robinson, 923 S.W.2d at 557.

The Nenno case requires the following test for relevance of the testimony:

______________ requests that this Court rule on this matter prior to trial in order that the parties have a reasonable opportunity to develop litigation strategy and trial tactics.

______________ prays that this Court sustain the foregoing Objection to Introduction of Testimony, and for all other relief to which ______________ may be entitled. ______________ prays for general relief.

Respectfully submitted,

CONNOLLY & SHIREMAN, LLP

W. Leslie Shireman
State Bar No. 24047791
William B. Connolly
State Bar No. 04702400
2211 Norfolk Street, Suite 737
Houston, Texas 77098
Telephone (713) 520-5757
Facsimile (713) 520-6644

ATTORNEY FOR ______________

NOTICE OF HEARING

A hearing on the foregoing Respondent's Notice of Objection to Introduction of Testimony is set for___________, at 1:30 p.m. in the_______ District Court of Harris County, Texas.

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"Attorney"

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Notice of Objection to Introduction of Testimony was forwarded to:

on this the ____ day of_________________.

____________________________________

"Attorney"