New Hampshire Jury Instruction - 5.1 Expert Witnesses General Instruction
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A witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The standard is a minimal one. The witness need not be the best available expert or have extensive training. The expert's qualifications must be established on the record before the witness is asked to give opinions.
For this kind of generalized testimony, Rule 702 simply requires that: (1) the expert be qualified; (2) the testimony address a subject matter on which the factfinder can be assisted by an expert; (3) the testimony be reliable; and (4) the testimony ?fit? the facts of the case.
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.
Expert testimony is an opinion stated under oath by a qualified individual during a trial or deposition. Such testimony can aid in clarifying complex concepts, presenting scientific evidence, evaluating data, and assisting in understanding the implications of certain actions or events.
A witness who is qualified by the court as an expert in a particular field may assist the judge or jury in understanding a method or technology at issue, interpreting results of scientific tests, or offering opinions based upon the evidence in the case.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The Amendment to Rule 702 will have a significant impact on the legal landscape. Speculative and unreliable expert testimony that previously bypassed the court's gatekeeping function based on a misapplication of Rule 702 will no longer be admissible.
Rule 603 requires that witnesses give an oath or affirmation that they will testify truthfully. Rule 604 states that interpreters must also swear to give an honest translation of the witnesses' testimony and must be qualified as expert witnesses.