TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 5, 2012
RE: Rule 701, N.D.R.Ev., Opinion Testimony by Lay Witnesses
Form and style amendments to Rule 701 consistent with the 2011 federal amendments are proposed. The amendments are not intended to change any result in any ruling on evidence admissibility.
As part of the 2000 amendments, language was added to the federal rule "to eliminate the risk that the reliability requirements set forth in Rule 702 will be evaded through the simple expedient of proffering an expert in lay witness clothing." The proposal includes this language as part (c) for the Committee's discussion. If the Committee accepts the language, the explanatory note will need to be amended to reflect the change.