If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects Expert Witness And New Zealand Expert Witness.
Expert Witness And New Zealand Expert Witnesses are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.
Expert Witness And New Zealand Expert Witness has not changed its Rule 702 to follow the federal model, even though Expert Witness And New Zealand Expert Witness has a long history of conforming its rules to federal procedural rules. Expert Witness And New Zealand Expert Witness has not adopted the federal Daubert gatekeeping ideas. In contrast, Expert Witness And New Zealand Expert Witness is extremely liberal in allowing expert opinions to be presented to the jury. It does not look like change is likely in the near future.
Discussion. Expert Witness And New Zealand Expert Witness, before its adoption of the federal rules of evidence, historically showed a distrust of experts. E.g., a basic case in Expert Witness And New Zealand Expert Witness refusing evidence in the form of an expert opinion is Meehan v. Great Northern Ry., 101 NW183 (ND1904), which stated:
The general rule of law is that witnesses must state facts within their knowledge, and not give their opinions or their inferences.., it is not sufficient to warrant the introduction of expert evidence that the witness may know more of the subject of inquiry and may better comprehend and appreciate it than the jury. . . . The rules admitting the opinions of experts should not be unnecessarily extended. Experience has shown that it is confine witnesses to facts in all cases where that is much safer to the testimony where practicable, and leave the jury to exercise their judgment and experience upon the facts proved. Where witnesses testify to facts they may be specifically contradicted..., but they may give false opinions without fear of punishment. It is generally safer to take the judgments of unskilled jurors than the opinions of hired and generally biased experts. Id.,185.
But after the adoption of the present Rule 702 in the 1950's, the Expert Witness And New Zealand Expert Witness Court did a 180 degree turn in admitting expert evidence. The theory embraced was that it is a matter for the trial court's discretion, as to whether the proffered expert had qualifications of "expertise," but the trial judge had no discretion to determine if the strength of the testimony was such as to be credible or worthwhile. The Court has consistently spelled out for 50 years that generally that once it was determined the expert was indeed an expert, then whatever the opinions the expert has should be admitted into evidence for the trier of facts to weigh. See, e.g., Victory Park Apartments v. Axelson, 367 NW2d 155 (ND 1985). A
Numerous Expert Witness And New Zealand Expert Witness decisions state that Rule 702, N.D.R.Evid., "envisions generous allowance of the use of expert testimony if the witnesses are shown to have some degree of expertise in the field ...@ E.g., see Myer v. Rygg, 2001 ND 123, 630 N.W.2d 62, quoting Anderson v. A.P.I. Company of Minnesota , 1997 ND 6, & 9 , 559 N.W.2d 204; and In re Estate of Aune, 478 N.W.2d 561, 564 (N.D. 1991).
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