RULE 703. BASES OF OPINION TESTIMONY BY EXPERTS
The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissable shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
Rule 703 was amended, effective March 1, 1990, March 1, 2007.
Rule 703 is
an adoption of based on Rule 703 of the
Federal Rules of Evidence.
In a recent opinion, the North Dakota Supreme Court set out all of Article VII as a
guide for State courts, in the absence of statutory provisions on the subject or rules of
evidence declaring otherwise." Minot Sand & Gravel v. Hjelle, 231 N.W.2d 716, 728 (N.D.
1975). The Court dealt specifically with the subject matter of Rule 703, stating that an expert
witness need not prove the basis of an opinion as fact. The import of the Court's decision
was that the basis for an opinion need not be proved by admissible evidence and that if the
basis is weak or nonexistent, this goes to the expert's credibility and not necessarily to the
admissibility of the opinion evidence.
Rule 703 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 703 was amended, effective March 1, 2007, to incorporate the 2000 amendments to Fed.R.Ev. 703.
SOURCES: Joint Procedure Committee Minutes
: of September 22-23,
2005, pages 2-6;
March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 6. Rule
703, Federal Rules of Evidence ; Rule 703, SBAND proposal.
CROSS REFERENCE: N.D.R.Ev. 702 (Testimony by Experts).