The state of North Dakota does not explicitly follow either the Daubert or Frye test for the admissibility of expert witness testimony. State v. Hernandez, 707 N.W.2d 449 (N.D. 2005). However, North Dakota’s rules closely mirror the test established in Daubert. Id. Under North Dakota’s Rules of Evidence, Rule 702, experts are able to provide testimony relating to their area of expertise. N.D. R. Ev. 702 (2014). For an expert’s testimony to be admissible, the expert first must “have some degree of expertise in the field in which the witness is to testify.” Hernandez, 707 N.W.2d 449. Experts can testify even if they are not a specialist in their field so long as their “knowledge, training, education, and experience” will aid the trier of fact. Id. The court has broad authority to determine whether an expert’s testimony should be admissible, and so long as these factors are met, the testimony will be admissible. Id.
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