Daubert Standard -

North Dakota

Follows N.D. R. Evid. 702. State v. Hernandez, 707 N.W.2d 449 (N.D. 2005) (N.D. R. Evid. 702 more liberal than Federal Rule of Evidence 702). Daubert rejected. Court determines that method of proof is reliable as an area for expert testimony, then whether the witness is qualified as an expert to apply this method. It is not necessary that an expert be experienced with the identical subject matter at issue or be a specialist, licensed, or even engaged in a specific profession. Hernandez stated that North Dakota never has explicitly adopted Daubert or Kumho Tire; expert admissibility instead is governed by North Dakota Rule of Evidence 702.