RULE 705. DISCLOSURE OF FACTS OR DATA
UNDERLYING EXPERT OPINION
The expert may testify in terms of opinion or inference and give reasons therefor without
previous disclosure of first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.
Rule 705 was amended, effective March 1, 1990; _________________.
Rule 705 is taken from Rule 705 of the Federal Rules of Evidence. The major effect of the rule is to do away with the requirement that an expert opinion be based on facts in evidence or assumed to be true hypothetically. This is a change in North Dakota practice. See Syllabus 4, Fisher v. Suko, 98 N.W.2d 895 (1959). The expert may be cross-examined as to the underlying data of an opinion, for purposes of weakening the expert's opinion. See Minot Sand & Gravel Co. v. Hjelle, 231 N.W.2d 716 at 728, 729 (N.D. 1975). Rule 705 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended. Rule 705 was amended, effective _____________; to follow the 1993 federal amendment.
SOURCES: Minutes of Procedure Committee: September 28-29, 1995, pages 18-19; March 24-25, 1988, page 12; December 3, 1987, pages 15-16; June 3, 1976, page 7. Rule 705, Federal Rules of Evidence; Rule 705, SBAND proposal.