The North Dakota Rules of Evidence, Rule 702, provides as follows.

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.

EXPLANATORY NOTE

Rule 702 was amended, effective March 1, 2007.

Rule 702 states the general rule governing expert testimony.

SOURCES: Minutes of Joint Procedure Committee of September 22-23, 2005, pages 2-6; June 3, 1976, page 6; Rule 702, Federal Rules of Evidence.

The above official "Explanatory Note" stating the Rule 702 was amended in 2007 may be misleading if you do not read the amendment.  The rule 702 text itself was not amended.  Only the official explanatory note was amended in 2007 by the court.  The court's amendment of the explanatory note is significant.

"Rule 702 is taken from Rule 702 of the Federal Rules of Evidence, and states the general rule governing expert testimony. The rule is consistent with North Dakota law. "

In short, the official explanatory note sets out the idea that North Dakota law, after about a half century of being consistent with the Federal Rule, is now NOT consistent with the Federal Rule 702.

Now, for an extended discussion of the actual North Dakota treatment of the admissibility of expert witness testimony, the non-use of the Daubert gatekeeping theory, and the theory of the North Dakota courts on the admissibility of expert opinion, see our page of North Dakota expert witness opinion admission.