RULE 702. TESTIMONY BY
EXPERTS WITNESSES 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.
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Rule 702 was amended, effective March 1, 2007;_______________________.
Rule 702 states the general rule governing expert testimony.
Rule 702 was amended, effective ______________, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
Sources: Joint Procedure Committee
Minutes of ____________________; September 22-23, 2005, pages 2-6; June 3, 1976,
Rule Fed.R.Ev. 702 , Federal Rules of
Cross Reference: N.D.R.Ev. 703 (Bases of Opinion Testimony by Experts).