Saturday, November 06, 2004

North Dakota Supreme Court Confirms Permissive Stance on Expert Testimony

From Leonard Bucklin, our North Dakota correspondent, we learn of a decision this past week from North Dakota's Supreme Court confirming that state's generally permissive posture on expert evidence -- i.e., expert evidence is admissible if: (1) specialized testimony will assist the trier of fact; and (2) the witness has "some degree of expertise in the field in which she is to testify." See Forster v. West Dakota Veterinary Clinic, Inc., 2004 ND 207 (N.D. Nov. 4, 2004). For Bucklin's take on the decision, see the overview of North Dakota expert evidence law posted at his site.

posted by pn at 4:15 PM

1 Comments:

Anonymous Anonymous writes ...

Is that court allow only expert Testimony? Not for fresher?
**********
sharu

Addiction Recovery North Dakota

3:00 AM  

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Fed. R. Evid. 702: 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.