RULE 702. TESTIMONY BY EXPERTS
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
Rule 702 was amended, effective March 1, 2007.
is taken from Rule 702 of the Federal Rules of Evidence,
and states the general
rule governing expert testimony. The rule is consistent with North Dakota law.
In Stein v. Ohlhauser, 211 N.W.2d 737 (N.D. 1973), the North Dakota Supreme
affirmed the exclusion of an expert opinion as to the speed of a vehicle based upon crash
damage. The Court stated that, in order to establish a foundation for expert testimony, ". .
. a showing must be made that the subject matter is one where expert testimony is accepted
by the scientific community and the courts and that the proffered expert has sufficient
expertise in the area of his competence." Syllabus ¶1 at 738.
The case should be consulted further for its extensive discussion of this
SOURCES: Joint Procedure Committee Minutes
: of September 22-23,
2005, pages 2-6;
June 3, 1976, page 6 . ; Rule 702, Federal Rules of Evidence ;
Rule 702, SBAND proposal.
CROSS REFERENCE: N.D.R.Ev. 703 (Bases of Opinion Testimony by Experts).