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
., if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
Rule 702 was amended, effective _______________.
Rule 702 is taken from Fed.R.Ev. 702, and states the general rule governing expert testimony. The rule is consistent with North Dakota law.
Rule 702 was amended, effective _________, to incorporate the 2000 amendments to Fed.R.Ev. 702. The amendments are consistent with North Dakota's longstanding policy on the admission of expert testimony under Rule 702. Under this policy,
In Stein v. Ohlhauser, 211 N.W.2d 737 (N.D. 1973), the North Dakota Supreme Court 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 applicable area of his competence ." Syllabus /P 1 at 738. before expert testimony may be admitted. The case should be consulted further for its extensive discussion of this rule.
SOURCES: Joint Procedure Committee Minutes
: of ____________________ pages ___; June 3, 1976, page 6 . ; Fed.R.Ev.702 ; Rule 702, SBAND proposal.
CROSS REFERENCE: N.D.R.Ev. 703 (Bases of Opinion Testimony by Experts).